If you have children under 18 you can appoint a guardian (or guardians) for them in your Will. Generally a guardian is only appointed on the death of both parents.
The Family Court retains jurisdiction over minor children, so if no guardians are appointed under your Will, the Court will decide where your children are then to live, and who makes legal decisions for them. The Court can also decide in the event the person you nominate is not appropriate for the role.
Cara Hawkins
Simmons Wolfhagen
Associate
work + 61 03 6226 1200
cara.hawkins@simwolf.com.au
http://www.simmonswolfhagen.com.au