• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
lawyers@rslaw.com.au (02) 9299 4912

Commercial Lawyers & Solicitors | North Shore | Sydney CBD

  • Home
  • Our Story
    • Our Community
    • Our Environment
  • Our Services
    • Business & Commercial
      • Starting A New Business
        • New Business Structures
      • Buying & Selling a Business
        • Corporate Mergers and Acquisitions (M&A)
        • Sale or Purchase of Shares in a Private Company
        • FAQ – Sale of Business
        • FAQ – Purchase of Business
      • Business & Commercial Disputes
      • Corporate Governance & Asset Protection
      • Intellectual Property & IP Law
      • Contract Law
      • Climate Change, Energy Law & Carbon Trading
    • Debt Recovery
      • Debt Recovery Process
      • Enforcing a Debt or Judgment
      • Car Accidents & Motor Vehicle Claims
    • Probate, Estate Administration & Disputes
      • Applying for a Grant of Probate
      • FAQ’s – Contesting or Disputing a Will
      • FAQ’s – Executors and the Administration of Deceased Estates
    • Civil Disputes & Litigation
      • Business & Commercial Disputes
        • Shareholder Disputes
        • Partnership Disputes
        • Director’s Disputes
        • Contract & Property Disputes
      • Litigation
        • Commercial Litigation
      • Negligence
      • Alternative Dispute Resolution (ADR)
    • Divorce & Family Law
      • FAQs – Family Law
      • Separation and Divorce in Australia
        • FAQs – Separating from my spouse
        • FAQs – Divorce
      • Property Orders and Financial Disputes
        • Consent Orders and Binding Financial Agreements
        • FAQs – Property and Financial Matters
        • FAQs – Spousal Maintenance
      • Children, Parenting Orders and Agreements
        • FAQs – Children and parenting matters
        • FAQs – Child Support
      • De facto Relationships and Separation
        • FAQs – De facto relationships
      • Family Court or Federal Circuit Court?
      • Collaborative Family Law
      • FAQs – Seeking advice from a family lawyer
    • Property & Conveyancing
      • Retail & Commercial Leases
      • Selling a Property
        • FAQ – Selling a Property
      • Buying a Property
        • FAQ – Buying a Property
      • Transferring Property in NSW
      • Property Owners Disputes
      • Caveats
      • Mortgages & Securities
      • Option Agreements
      • Electronic Conveyancing in NSW
    • Wills & Estate Planning
      • Drafting a Will
        • Children in Wills
        • Letter of Wishes
        • Digital Assets in a Will
      • Power of Attorney
      • Guardianship & Enduring Guardians
      • Elder Law
      • FAQ’s – Wills and Estates
    • Bankruptcy & Insolvency
      • Personal Bankruptcy
        • Bankruptcy Notices
        • Debt Agreements
        • Enforcing a Debt or Judgment
      • Company Insolvency
        • Creditor’s Statutory Demand
        • Creditor’s Petition
        • Winding Up or Deregistering a Company
    • Building & Construction
      • Building & Construction Contracts
      • Building & Construction Disputes
      • Security for Payments Act
    • Employment Law
    • Insurance Law
    • Public Notary
  • Online Quotes
    • Simple Will Quote
    • Debt Recovery Quote
    • Conveyancing Quote
  • Meet the Team
    • Stephen Rockliff
    • John Snelgrove
    • Nicole Rockliff
    • Dick Herman
    • Michelle Rockliff
    • Anthi Balafas
    • Cristian Fuenzalida
    • Jinny Kim
    • Nathan Rockliff
    • Peter Gell
    • Michael Hutson
  • News & Articles
  • Contact Us
You are here: Home / Wills & Estate Planning / Children in Wills

Children in Wills

If you have children under 18 years of age, you may nominate in your Will, one or more persons to be your child’s Guardian in the event of your death. This may assist to avoid or minimise any future disputes between family members by making your intentions clear.

A Guardian is responsible for the daily and long term care and welfare of your child. The Guardian will have all the powers, rights and duties that are usually vested in the natural parents of the child. They must ensure that the child has adequate accommodation, clothing and education. The Guardian can make important lifestyle decisions on the child’s behalf.

Children in Wills

Who can I choose to be my children’s Guardian?

Any adult you choose can be appointed as your child’s Guardian, regardless of whether they are related to you or your child. Whilst you can choose one or more persons to be the Guardian of your child, disputes may arise if you select more than one person. You can also select a substitute or alternative Guardian so that in the event that the original Guardian is unable or unwilling to take on the role, the substitute Guardian is able to fill the position.

Will my choice of Guardian be binding?

Whilst you can express your intention in your Will as to who should be appointed Guardian of your child in the event of your death, it is not always legally binding. A court can exercise discretion to appoint another Guardian if it considers it to be in the child’s best interest.

It is important to consider all short and long-term factors of your child’s welfare when appointing a Guardian. It is recommended that you discuss these factors with your intended Guardian and your wish to appoint them. If you have specific wishes as to how your child is to be raised (i.e. education, holidays, religion and housing etc.) you should create a Letter of Wishes.

Rockliff Snelgrove Lawyers can assist you with to prepare your letter of wishes and provide legal advice to you to assist you in making the very important decision as to who to nominate to be your child’s guardian and how to put in place the necessary arrangements to facilitate your wishes in this regard being met.

If you would like more information, contact us the Wills and Estates lawyers at Rockliff Snelgrove Lawyers for a no-obligation discussion with our friendly team.

Primary Sidebar

Wills & Estate Planning

  • Drafting a Will
  • Drafting a Will
  • Power of Attorney
  • Power of Attorney
  • Elder Law
  • Elder Law
  • Guardianship & Enduring Guardians
  • Guardianship & Enduring Guardians
  • FAQ’s – Wills and Estates
  • FAQ’s – Wills and Estates

News & Articles

Managing Employees in Australia given the Impact of COVID-19

We stress that due to the unprecedented nature of the pandemic and the very rapidly changing landscape, the guidelines below are general in nature and subject to change. Many of the laws that now apply to this situation were not written with regard to what is currently occurring. Therefore please exercise caution in relying on […]

Temporary Changes to Insolvency Laws in Australia due to the Coronavirus (COVID-19) Crisis

In a move aimed to lessen the economic impact on businesses and individuals caused by the Coronavirus pandemic, the Australian Government has introduced some changes to insolvency laws in Australia that apply to personal and corporate insolvency regimes. This includes a temporary increase to the threshold in which creditors can issue a statutory demand on […]

Coronavirus (COVID-19) Update

Following on from the extensive reporting in relation to the COVID-19 pandemic we have implemented a number of protocols to enable the business to continue operating if a staff member or principal is diagnosed with the virus and/or the office needs to close for a period of time. Our staff and principals have adopted best […]

Conveyancing Quote

Footer

The Rockliff Snelgrove Difference

We have lawyers that are Accredited Specialist in Business Law and Family Law
We have over 100 years of combined experience
Our lawyers and consultants are experts in their field to enable us to give you tailored legal advice to suit your specific needs

Contact Us

  • Level 5, 50 King Street

    Sydney NSW 2000

  • (02) 9299 4912

Connect With Us

  • Email
  • Facebook
  • LinkedIn

Translate

Newsletter

Sign up to our newsletter for updates on our latest news, articles and special promotions!

Our website does not give legal advice. All materials are for informational purposes only and should not be relied upon as legal advice. The use of this website is subject to our:
WEBSITE DISCLAIMER – PRIVACY POLICY – TERMS & CONDITIONS OF USE
Liability limited by a scheme approved under Professional Standards Legislation.Copyright © 2020 · Website hosted by Lift Legal · Log out