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Making your Will: 8 things you need to know – Part 7

We are almost at the end of our series focusing on things you should know about Wills.

A Will can include arrangements for the care of children

It can be overwhelming to think about who would care for your children if you were to pass away. However, by making a Will you can appoint a person to be the testamentary guardian of your children and therefore have peace of mind in this regard.

A testamentary guardian is responsible for making decisions about the long term care, welfare and development of your children, as well as having daily responsibility for your children’s care.If the other natural parent of your children has also passed away then the appointed guardian will be in the same position as a parent and if someone disagrees with the appointment, they must apply through a court process to challenge the appointment. In the event that the other natural parent of your children is still alive then you may still appoint a guardian however the other natural parent may apply to have the guardian you have appointed removed if they do not agree with the appointment.

If you do not appoint a guardian under your Will then your family members will be left to decide who will care for your children. If agreement cannot be reached it may become necessary for an application to be made to the Court and the Court will decide who will care for your children.

It is important to consider a number of matters when appointing a Testamentary Guardian. Some matters to be considered include the following:

  • (a) The relationship between your children and the proposed Testamentary Guardian;
  • (b) The relationship between your chosen executors of your Will and the proposed Testamentary Guardian;
  • (c) The proposed Testamentary Guardian’s location. If the Testamentary Guardian is required to relocate to look after your children you may wish to consider how that might impact on the Testamentary Guardian’s income and lifestyle;
  • (d) The proposed Testamentary Guardian’s age and fitness to act; and
  • (e) The financial implications for the proposed Testamentary Guardian.
This information is intended as general legal information only for people living in Queensland and is not a substitute for individual legal advice.