Introduction #
For parents in Singapore, one of the most important reasons to make a will is to decide who will care for your minor children if you pass away. Without such an appointment, the court will decide. This guide explains how guardianship of children is handled in wills under the Guardianship of Infants Act 1934.
What is guardianship? #
A guardian is a person legally responsible for the care, upbringing, and welfare of a child. Guardianship covers decisions about education, healthcare, religion, and general welfare until the child reaches the age of 21 years (the age of majority in Singapore).
Legal basis in Singapore #
Guardianship is governed by the Guardianship of Infants Act 1934 (“GIA”):
- Section 6: On the death of one parent, the surviving parent is the sole guardian.
- Section 7(1): A parent may appoint a guardian for a child by will.
- Section 7(2): If a parent dies leaving a surviving parent, the appointed guardian will act jointly with the surviving parent, unless the court orders otherwise.
Why appoint a guardian in your will? #
- To ensure your children are cared for by someone you trust.
- To avoid disputes among relatives.
- To provide stability and certainty for your children.
- To cover the situation where both parents pass away together.
Who can be a guardian? #
- Any adult over 21 years old with the mental capacity to act.
- Typically a close relative (grandparent, sibling, uncle, aunt) or trusted friend.
- You may appoint more than one guardian to act jointly, with a provision that the survivor continues alone.
- It is possible to appoint substitute guardians in case your first choice cannot act.
How to appoint a guardian in a will #
- Include a clear clause in your will naming the guardian(s).
- Specify whether they act alone, jointly, or with substitutes.
- Consider practical factors such as age, location, and willingness.
- Discuss your decision with the person(s) beforehand.
Special considerations #
- Future children: You may draft your will to cover “my minor children living at my death” to include children not yet born when the will is made.
- Ex-spouse or surviving parent: If your ex-spouse or surviving parent is still alive, your appointed guardian will act jointly with them unless the court directs otherwise.
- Court’s power: Under the GIA, the court always retains overriding discretion to act in the child’s best interests.
Common mistakes to avoid #
- Failing to appoint any guardian, leaving the decision entirely to the court.
- Appointing someone without confirming their willingness.
- Appointing a guardian who is elderly, overseas, or otherwise unsuitable.
Key takeaway #
Appointing guardians in your will ensures your minor children are cared for by trusted people if you are no longer around. The Guardianship of Infants Act gives parents this right, and a clear guardianship clause can provide your children with security and stability during difficult times.
