Becoming a parent brings a whole lot of new responsibilities - and one of the most important is making sure your children are protected if the unexpected happens. Appointing a testamentary guardian in your Will is a crucial step to ensure your child’s welfare is secured if you are no longer here.
Who is a Testamentary Guardian?
A testamentary guardian is someone you nominate in your Will to have a legal say in the key decisions affecting your child’s life after your death - decisions about their education, health, culture, language, religion, and where they live. It is important to understand that a testamentary guardian does not automatically become the day-to-day carer of your child; their role is to act as an overseer and advocate, particularly in major life decisions. However, if necessary, a testamentary guardian can apply to the Family Court for a parenting order if they wish to assume daily care responsibilities.
Ordinarily, the surviving parent will continue to have day-to-day care of the child. If both parents have died, the guardians named in each Will must decide care arrangements. If there is no testamentary guardian appointed, or if the guardians cannot agree, the Family Court will step in—potentially appointing someone you might not have chosen.
Why appoint a Testamentary Guardian?
Without a clear appointment, the question of who looks after your children could become a matter for the Family Court, introducing uncertainty and possible conflict. Appointing a testamentary guardian allows you to choose someone who understands your values, family background, and expectations - helping ensure your child’s upbringing remains aligned with your wishes.
When your intentions are set out in your Will, it reduces the likelihood of family disputes or confusion about your child’s care.
Alongside your Will, you can prepare a Letter of Wishes. While not legally binding, this document gives guidance to your guardians about what you want for your child’s upbringing - covering everything from schooling and activities to travel and cultural or religious values. This guidance can be invaluable in helping your chosen guardians make decisions that reflect your intentions.
Life with young children is busy, but putting a Will and Letter of Wishes in place is a straightforward step that gives lasting peace of mind. At PK Law, we help parents put practical, legally effective arrangements in place so that, whatever happens, your children’s wellbeing is protected by those you trust.
