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Appointing someone to look after your children when you die

You can nominate someone in your will as a ‘testamentary guardian’ of your children. A testamentary guardian will be able to make decisions about the long term care of the child such as education.

Appointing a testamentary guardian doesn’t necessarily mean that your child will live with that person. They will only have the daily care of your children if the other parent is dead and there is no other Family Court or Federal Circuit Court Orders in place saying who your child is to live with.


What if there is a dispute?

If there’s a dispute after you die between relatives or the other parent, the testamentary guardian, the Family Court or Federal Circuit Court can resolve disputes about where the children should live.


What if the other parent is still alive?

If the other parent is still alive, the testamentary guardian will share their obligations with the surviving parent or any other existing guardian.

An existing parent or guardian can apply to the Supreme Court to cancel the appointment of a testamentary guardian.


Disclaimer: The material presented on this website is an information source only. The information on this website is written for people resident in, or affected by the laws of Queensland, Australia only. Links to other sites from this website are provided for the users’ convenience. The LGBTI Legal Service does not endorse these sites and is not responsible for the information on these sites or the use made of this information. If you have a specific legal problem, you should consult a professional legal advisor.

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