Why Appoint a Testamentary Guardian in Your Will

If you have children under 18, one of the most important decisions you can make in your Will is who would help care for them if you weren’t here.

It’s not something any parent wants to dwell on, but having a plan written down makes a difficult situation much clearer for everyone. It helps protect your children’s future and avoids confusion for the family you leave behind.

That’s where appointing a testamentary guardian comes in.

 

What is a testamentary guardian?

A testamentary guardian is someone you name in your Will to have legal authority to help guide the care and upbringing of your children if you die.

They’re involved in the big decisions about your child’s life, such as:

• Where they should live

• Their schooling and education

• Cultural or religious upbringing

• Important medical and welfare decisions

They’re not necessarily the person who provides day‑to‑day care, but they have a say in the major choices that shape your child’s future.

 

Who can you appoint?

You can appoint anyone you trust, a family member or close friend, who you believe would provide your children with the stability, care, and support they’d need.

When deciding who’s right for the role, think about:

• Their values and parenting style

• The relationship they already have with your children

• Where they live and what their lifestyle is like

• Whether they’re willing and able to take on the responsibility

It’s always a good idea to talk to the person you’re considering before you name them in your Will. That way they understand what the role involves and can decide if they’re comfortable with it.

 

How does it work?

Naming a testamentary guardian in your Will doesn’t give them automatic day‑to‑day care, instead they will act as an overseer in a child's life. Their role depends on the circumstances:

• If one parent survives, the surviving parent usually has day to day care of the child. Your appointed guardian would work alongside them, helping with significant decisions.   

• If both parents have died, the testamentary guardian would need to apply to the Family Court to formalise their role. The Court will take your wishes in the Will into account, and unless there’s a very good reason not to, they’ll usually respect what you’ve chosen.

• If there's conflict between surviving parent and testamentary guardian, the testamentary guardian would need to try and resolve disputes before making an application to the Family Court for a Parenting Order. 

 

What happens if you don’t appoint one?

If you don’t name a testamentary guardian and both parents have died, the Family Court decides who should be appointed. The Court will always consider what’s best for your child, but it can take time and the person chosen may not be the one you would have wanted.

 

Why it’s worth doing

Appointing a testamentary guardian:

• Makes your wishes clear

• Reduces uncertainty and stress for your family

• Helps avoid disagreements or confusion about who should step in

• Means your child’s future is guided by someone you’ve chosen

 

Can you change your mind later?

Yes. If your circumstances or relationships change, you can update your Will at any time to appoint someone else.

 

A simple addition with a big impact

Appointing a testamentary guardian is a small step in preparing your Will, but it makes a real difference for your children if the unexpected happens.

It gives your family clear direction and makes sure the person helping guide your child’s future is someone you trust.

If you’re thinking about updating your Will, it’s worth taking the time to consider who you’d want in that role. Get in touch.