MBE Rules · Wills, Trusts & Estates
Guardianship Nomination
Cal. Prob. Code § 1500
The rule
Parents may nominate guardians of the person or estate of minor children by will; the court honors the nomination unless contrary to the child's best interest.
In plain English
Parents can designate who they want to take care of their minor children or manage their property in their wills. The court usually respects this choice unless it would not be in the best interest of the child.
Worked example
A mother names her sister as the guardian of her two children in her will. After the mother passes away, the court finds that the sister has a history of substance abuse that could endanger the children. As a result, the court decides to appoint a different guardian who is deemed more suitable.
Memory hook
Guardianship nominations are respected unless they harm the child.
The trap
Exams may present scenarios where the nominated guardian has a questionable background, leading students to overlook the best interest standard.
How examiners test it
Questions often involve fact patterns where the nominated guardian's fitness is challenged, requiring candidates to analyze the best interest of the child.
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More Wills, Trusts & Estates rules
- Co-Trustees · Cal. Prob. Code § 15620
- Trustee Removal · Cal. Prob. Code § 15642
- Formal Will Requirements · Cal. Prob. Code § 6110
- Spendthrift Exceptions · Cal. Prob. Code §§ 15305-15307
- Ademption of Specific Devises · In re Estate of Newsome (1967) 248 Cal.App.2d 712
- Intestate Succession · Cal. Prob. Code §§ 6400-6414