Guardianship wishes
A Will can record who you wish to act as guardian, but suitability and the child’s best interests remain important. Name alternatives where appropriate.
The legal position
The birth or adoption of a child does not revoke a Will. Whether the child benefits depends on the Will’s language and succession law. Naming a preferred guardian records an important testamentary choice, but it does not displace the court’s overriding responsibility for the child’s best interests.
What may need attention
A Will can record who you wish to act as guardian, but suitability and the child’s best interests remain important. Name alternatives where appropriate.
Consider whether children are covered as a class, what happens for future children, and who manages property for a child before they reach the chosen age.
Review life insurance and superannuation nominations alongside the Will, particularly if household income or care responsibilities changed.
Seek advice for blended families, children with disability or additional needs, informal care arrangements, overseas guardians, trusts or significant concerns about future claims.
Pay $149 once for your Will. Add unlimited updates for $25 a year to keep it current as life changes.
Useful official information
General information only, not legal, financial, tax or medical advice. The effect of a life event depends on your jurisdiction, documents and circumstances.