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.
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