Thinking about your children’s wellbeing is a natural part of being a parent. One way to ensure their future is secure is by appointing a testamentary guardian in your will. This trusted person will step into your shoes for your child if you are no longer there to make those important decisions.
A testamentary guardian does not take over custody of the child, but provides valuable input on major choices that shape your child’s life. Imagine them as a supportive friend who helps navigate big decisions about education (finding the right school), healthcare (important medical procedures), and where your child lives (moving to new towns or going overseas). Their role extends to helping preserve your child’s cultural identity, language and faith, ensuring these values continue to flourish.
Appointing a testamentary guardian is a straightforward process. You simply choose someone you trust, aged 20 or older, who is capable and willing to support your child. By naming them in your will, you officially appoint them as guardian until your child turns 18.
You may only appoint one testamentary guardian. However, it is important to clarify that a testamentary guardian does not automatically take over day-to-day care of your child. Custody cannot be provided for in a will.
This is typically handled through private arrangements with family or whānau or a parenting order established by the Family Court. However, appointing a testamentary guardian gives them the right to apply to the.