Fellow Canuck here.
The problem with your plan is what if there’s an enexpected large but necessary expense during one of those years? Do you expect the guardian to cover anything outside of the typical living expenses?
Our will goes something like this:
If I die, DH gets 60%, and DD gets 40% in trust of the guardian, who is DH.
If DH dies, I get 60%, and DD gets 40% in trust if the guardian, which is me.
If we both die, it all goes to DD, in trust of the guardian, who is my mom and whom we would trust with our lives...or in this case, DD’s life. Honestly, sometimes I think she loves DD more than she loves me, her own daughter. :D
The trustee, who can be different from the guardian, ensures that funds are not mismanaged or misapplied (used for non-DD-related things).
Obviously, you may have to do this again in the future, once your child is grown. How sad would it be if your grown son had to wait for handouts from his 90-year-old named guardian.
Your lawyer shouldn’t have told you “It’s up to you.” Our family lawyer walked us through the whole process, posited different options, and then helped us analyze what would be best in our case. She didn’t tell us what to do, but she did present us with the different common structures/options, and then let us make our own decision.
If you’re in the Toronto area and are interested, feel free to PM me, and I can ask if she wants to take on a new client.