Choosing a guardian for your children in your Will

Short answer: If you have children under 18, your Will is where you nominate the person you want to care for them if you and the other parent both die. Without a nomination, a court may have to decide who raises your children.

What does a guardian do?

A guardian makes day-to-day and long-term decisions for your children: where they live, their schooling, their health care. Usually, a surviving parent continues to care for the children. The guardian you name steps in when neither parent can.

Is the guardian the same as the person who looks after the money?

Not necessarily. Your executor and trustee manage your Estate and any money left to your children. Your guardian looks after the children themselves. Some families choose the same person for both roles; others prefer to split them so there is a second set of eyes on the money.

How to choose

• Talk to the person before you name them, and make sure they are willing.
• Think about their age, health, values, location and existing family commitments.
• Consider how your children would feel about the move.

Protecting the money as well as the children

A lump sum paid to an 18-year-old can do more harm than good. A testamentary trust lets a trustee you choose hold a gift until a child reaches an age you nominate. RapidWills includes an optional testamentary trust at no extra cost. Note that a court may overrule an age barrier, particularly if the age you set is a lengthy period after the Beneficiary turns 18.

Good to know

A court will always consider the best interests of the children, so your nomination carries great weight but is not absolute. If you want complex guardianship arrangements, speak with an experienced lawyer first.