I know this isn’t something we like to think about, but let’s be honest: life is unpredictable. If something were to happen to us, who would take care of our children? It’s not just about money or assets — it’s about love, stability, and the values we want our children to grow up with.
Most parents assume, “If I’m gone, my spouse will automatically take over.” And yes, that’s true — the surviving parent is usually the first guardian. But what if both parents are gone? Or what if the surviving parent isn’t suitable — maybe due to distance, health, or personal issues?
That’s when a Testamentary Guardian comes in.
Why Appointing a Testamentary Guardian Matters
When parents pass away without naming a guardian in their will, the court will step in. And while the court will always decide based on the child’s “best interests,” the chosen person may not be who you would have wanted.
Imagine this: both sets of grandparents fighting in court over custody, or even someone with hidden motives (like gaining access to the children’s inheritance) trying to apply as guardian. That’s a messy, stressful situation for children who are already grieving.
By naming a testamentary guardian in your will, you get to choose someone you trust to love and protect your children — not leave it to chance.
Things to Think About When Choosing a Guardian
It’s not an easy decision, but here are some things I always suggest parents consider:
- Relationship with your children – Do they already have a bond?
- Lifestyle and values – Will they raise your kids the way you would like?
- Practicality – Are they financially stable, in good health, and not living too far away?
- Age and energy – A guardian should have the stamina to raise children through their teenage years.
And here’s one tip: it’s always safer to appoint a substitute guardian in case your first choice can’t take on the role.
Guardian vs Executor – Don’t Confuse the Two!
Some people think, “If I name a guardian, they’ll also manage my children’s inheritance.” But that’s not how it works. The executor/trustee of your will manages the money, while the guardian looks after the children. Keeping these roles separate is a good way to avoid abuse of power and ensure there’s a check-and-balance system. The guardian can request funds for the children’s education, medical bills, or daily needs — but the executor decides how much to release, according to your instructions.
A Small Token of Appreciation
Let’s be real: being a guardian is a huge responsibility. It’s only fair to provide them with an allowance or token of appreciation for their effort and sacrifices. This isn’t part of the children’s inheritance — it’s a way to thank the guardian for stepping in.
Final Thoughts
No one likes to imagine their kids growing up without them. But planning ahead means you get to have a say in who raises your children and how they’ll be cared for.
By appointing a testamentary guardian in your will, you’re not just protecting assets — you’re protecting your children’s future, stability, and well-being. And honestly, isn’t that the greatest gift we can leave behind?
For further details, you may make an appointment with our legal advisor here:
https://calendly.com/finex-and-co-legacy-advisory/tea-talk-with-legal-expert
