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Who will I appoint as guardians of my infant children?

This is of course assuming that the other natural parent for the child cannot act in this role.

Who to appoint?

• Parents? They will soon be too old. Appoint them now and reassess in a few years.
• Sibling? I trust my sibling but not their partner. Appoint the sibling only.
• Friends? What if they move away and what will my family think? If they move away change your Will. You don’t have to tell your family.

Suggested way forward

Don’t put off making your Will if you don’t have a clear answer. Make a Will, remain silent on guardians and then update your Will when you’ve made a decision on guardians. The cost and potential turmoil to your children if you die without a Will is FAR greater than dying with a Will but with no guardian appointment. In this case, close family members or friends have standing to seek a court order for guardianship (if required).

If you are clear about who you would like to be the guardians if you died in the next year - appoint them. If that appointment subsequently becomes inappropriate for any reason (for example grandparentss becoming too old) change your Will.

You don’t have to tell your family who you have appointed and they may never find out. (They will never find out if you don’t die with infant children.)

You don’t have to get the consent of the guardian you appoint (although we do recommend that you speak to them about appointing them).

Download our Will LawPack 24/7.

You can of course change your mind - but make a Will based on your intentions today and then when you change your mind make a new Will. Don’t risk the cost and turmoil for those you leave behind by putting making your Will off for one more day.

Change your Will with a Will LawPack without having to buy it again.

Another great resource:

Desires for my Children LawPack. It is one thing to appoint guardians, it is another for them to have a clear idea about your desires for raising your children.