Making a Will After Having a Baby: An Ontario Parent’s Guide

The first few months with a new baby are not a great time to think about death. Unfortunately, they’re also exactly when you should. Having a child is the single biggest reason to make a will, and most new parents know it — they just don’t know where to start.

Here’s what actually changes when you have a child in Ontario, and what your new will needs to cover.

1. You need to name a guardian

This is the single most important reason for new parents to make a will. If both parents die without a will in Ontario, the court decides who raises your child. Family members can apply — but so can anyone else, and the process can drag out for months while your child is in limbo.

A will lets you name a specific guardian. Your choice isn’t strictly binding on the court (the court’s test is always "best interest of the child"), but in practice, courts give enormous weight to the parents’ stated wishes, and the appointment is almost always confirmed.

How to choose a guardian

Parents agonize over this. A few questions that help:

• Do they share your values? Religion, education philosophy, general approach to parenting
• Can they handle it physically and financially? Taking in a child is a major commitment
• Where do they live? Would the child have to change schools, cities, provinces?
• Do they already have kids? Either answer can be a good thing depending on the person
• Have you asked them? This is not a surprise to spring on someone

Name an alternate guardian too, in case your first choice can’t act.

2. You need to plan for money held in trust

In Ontario, minors (under 18) cannot directly inherit money or property. If you leave assets to your child with no other instructions, their inheritance will sit with the Accountant of the Superior Court of Justice until they turn 18 — and on their 18th birthday, they get the entire amount in one lump sum. Most parents don’t love either part of that.

A will can create a testamentary trust that:

• Gives your executor/trustee authority to spend the money on your child’s benefit (school, housing, medical) while they’re minors
• Holds the remainder until an age you choose — often 21, 25, or 30, or staggered (e.g., 1/3 at 21, 1/3 at 25, 1/3 at 30)

This is not an exotic feature. It’s standard in wills for parents of minor children.

3. Update your beneficiary designations too

Your will doesn’t control everything. Registered accounts (RRSP, TFSA, RESP, pensions) and life insurance policies pass by beneficiary designation, not by will.

After a baby, review every account and policy you have:

• Is your spouse still the primary beneficiary?
• Is your child named as a contingent beneficiary? (Careful — see the next point)
• Is the amount still appropriate?

Warning: naming a minor directly as a life insurance beneficiary creates the same lump-sum-at-18 problem. Consider naming a trustee under your will, or using an insurance declaration that names a trust.

4. Buy (or increase) life insurance

This isn’t strictly about your will, but it’s the other thing every new parent should have. Term life insurance for young, healthy parents is inexpensive — often $30–$50/month for $500,000–$1,000,000 in coverage. If both parents die, that money (held in trust per your will) is what actually raises your child.

5. Talk to your executor

Your executor is the person who carries out your will. For parents, they’ll often be the same person as the guardian — but they don’t have to be, and sometimes it’s better if they’re different people. (Guardian raises the child; executor manages the money.) Whatever you choose, tell them, and name an alternate.

6. Do it soon, even if it’s not perfect

The biggest mistake new parents make is waiting for the "right time" to sit down and do this properly. There is no right time. Having a decent will in place today beats a perfect one you’ll get to eventually. You can update it later — and you should, every few years or after major life changes.

The Ontario execution basics

Once you’ve drafted it:

• Print the document
• Sign it in front of two adult witnesses (not your guardians, executor, or their spouses — they can’t benefit under the will)
• Store the original somewhere safe and tell your executor where it is

That’s it. The whole thing, from first draft to signed will, can be done in an evening.

This article is for general information. Cedar Wills is a document-generation platform, not a law firm, and nothing here is legal advice.