When it comes to estate planning, appointing a guardian for your children is a critical but often overlooked step. This decision ensures your children’s well-being and future are secured according to your wishes.

Why Appoint a Guardian?

Without a named guardian, the court decides who takes care of your children, potentially leading to disputes or decisions that don’t reflect your values. Appointing a guardian provides peace of mind and clarity during difficult times.

Legal Requirements

To appoint a guardian in your will in NSW, you must have parental responsibility, and the appointed guardian will take over until your child turns 18. It’s advisable to discuss this responsibility with your chosen guardian to ensure they are willing and prepared for this role.

Steps to Appoint a Guardian

1. Consult a Lawyer: Ensure your will is legally sound.
2. Discuss with Potential Guardians: Confirm their willingness and ability to take on this role.
3. Clearly Document Your Wishes: Include the guardian appointment explicitly in your will.

Considerations When Choosing a Guardian

• Compatibility: Ensure the guardian’s values and parenting style align with yours.
• Stability: Consider their age, health, financial situation, and living circumstances.
• Backup Options: Name an alternate guardian in case your first choice is unable to serve.

Final Thoughts

Appointing a guardian under your will is a profound act of care for your children’s future. It ensures they are raised by someone you trust, in a manner consistent with your values. Consult with an experienced estate planning lawyer to navigate this process and safeguard your children’s best interests.

Please note that this brief note does not constitute legal, financial, or accounting advice and should not be relied upon as such. For more information and expert legal advice please contact us at:

Email: info@checkslaw.com.au

Tel: (02) 8014 5818