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ARTICLE · 12 JULY 2015

Planning For Custody And Financial Support After Death

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Parents with minor children have specific estate planning concerns. One such concern is how to provide financially for the children if one or both parents die.

CanadaFamily and Matrimonial
Lori Duffy
Lori Duffy
Bianca La Neve
Bianca La Neve
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Parents with minor children have specific estate planning concerns. One such concern is how to provide financially for the children if one or both parents die. Another concern is who will care for and raise the children should both parents die at the same time.

In Ontario, the Children's Law Reform Act (the "CLRA") deals with testamentary custody and guardianship of minor children.1

Testamentary Custody

Parents (or any other person entitled to custody of a child) may appoint by will one or more persons to have custody of the child immediately following their death.2 The chosen individual(s) must consent to the appointment. Such appointment(s) by will, or testamentary custody, is only effective for a maximum of 90 days after the appointment becomes effective (i.e. 90 days from date of death).

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