The person appointed in a will to care for children under the age of majority.
In Islamic law
Islamic law distinguishes guardianship of the person (hadanah) from guardianship of property (wilayah al-mal), and the classical rules on who is entitled differ from Canadian best-interests analysis.
In Canadian law
In Ontario a testamentary appointment is effective for 90 days; beyond that the guardian must apply to court, which decides on the best interests of the child. Naming a guardian is often the most important clause in a young family's will.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Naming guardian minor children ontario will
- Removing a court appointed guardian ontario
- Guardian minor children will ontario
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Naming guardian minor children ontario will — Treadstone Law
- Removing a court appointed guardian ontario — Treadstone Law
- Guardian minor children will ontario — Treadstone Law
- Guardian of the person court application ontario — Treadstone Law
- Wills & estates practice — Treadstone Law