What is a guardian?

If you die leaving children under 18 years of age you are able to nominate in your Will the person or people you would prefer to take care of your children. This person is known as a Guardian. 

While this nomination via your Will is non-binding, it is sensible for a Will owner who has young children to make it clear via their Will who their guardian preferences are.

Will Wizard® allows Will owners to nominate second choice guardians just in case their first choice is unable or unwilling to act. The decision is optional, and can be skipped or left to a later date. 

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What is the role of a guardian?

The role of a guardian is effectively the role of a parent – they are responsible for their care, control, maintenance and education of the child. 

The guardian must ensure that the child is appropriately housed, clothed, cared for and educated, and must make important ‘life decisions’ for the benefit of the child.

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Who pays for the cost of raising the child?

If you do nominate a guardian, your Inheritance Protection Will from Will Wizard® will direct your executors to ensure that your children’s lifestyle is maintained, and provides wide powers to your executors to provide funds to be made available for education, development and advancement of the child to a standard applicable at the date of your death. 

It will also ensure that no undue financial burden is placed on your nominated guardian(s) in the raising of your children.

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Are the Courts legally bound to appoint your nomination as guardian?

The appointment of a guardian is subject to Court approval and there is always the possibility that a Court may exercise its overriding discretion to appoint or remove a guardian other than your nominated guardian. 

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Your children may wish to reside with someone other than your nominated guardian. In these circumstances the Court as always would take your children’s best interests into account in deciding the issue.

At Will Wizard®, once you receive your Will portfolio you have up to 90 days to request changes to your wishes and nominations free of charge.

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