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Path: utzoo!lsuc!dave
From: dave@lsuc.UUCP (David Sherman)
Newsgroups: net.kids
Subject: Re: wills
Message-ID: <966@lsuc.UUCP>
Date: Mon, 9-Dec-85 14:15:37 EST
Article-I.D.: lsuc.966
Posted: Mon Dec  9 14:15:37 1985
Date-Received: Mon, 9-Dec-85 18:53:54 EST
References: <772@drutx.UUCP> <356@mhuxl.UUCP>
Reply-To: dave@lsuc.UUCP (David Sherman)
Organization: Law Society of Upper Canada, Toronto
Lines: 18
Summary: Naming guardians won't always be conclusive

In article <356@mhuxl.UUCP> smh@mhuxl.UUCP (henning) writes:
>
>One thing that I think that is more important is naming guardians.
>It is not terribly desirable to let a court decide the fate of
>the surviving child and fights between next of kin do not always
>provide the best transition for the child.

Be warned that in at least some jurisdictions (including Ontario), it's
the child's best interests which are paramount. That means that a request
in your will or otherwise that person X be the guardian of your children
will not necessarily be honoured by the court which appoints guardians.
Your views will be considered strongly persuasive, though.

Dave Sherman (my field may be tax, but I still remember a bit of family law :-)
The Law Society of Upper Canada
Toronto
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