I am a divorcee. How does a Will affect me in terms of guardianship of my children?
⚠️ Important: Guardianship is about your child’s welfare
This article explains guardianship — who is given the legal responsibility to care for the welfare of your child under 21, including living arrangements, education, and day-to-day care, if you pass away.
In your Will, the managing of assets you leave to a minor beneficiary (e.g. your underage child) is a separate matter. You can name someone else (not necessarily the guardian) to hold and manage those assets, or even configure a detailed Testamentary Trust.
However, for assets not covered by the Will — such as those received as gifts (e.g. red packets), through intestacy, or from joint ownership — these may still end up being managed by the child’s guardian. If so, the guardian’s powers are limited under the Guardianship of Infants Act as they generally cannot sell property or spend more than $100 per month from income without court approval.
👉 Learn more:
• Who manages the assets given to young children if they are still underage?
• How does a guardian manage assets received outside the Will?
On the death of the father/mother of an infant, the mother/father, if surviving, shall, subject to the provisions of the Guardianship of Infants Act, be guardian of the infant, either alone or jointly with any guardian appointed by the father/mother.
Additionally, the father/mother of an infant may by deed or will appoint any person to be guardian of the infant after his death. Any guardian so appointed shall act jointly with the other surviving parent, unless he/she objects to the appointed testamentary guardian so acting.
If the surviving parent objects to the appointment of your appointed guardian OR your appointed guardian deems the surviving parent unfit to have custody of the infant, in which case they have to apply to court for the issue to be resolved.
Source: Singapore Statutes Online Website, Guardianship of Infants Act
In the case where you are divorced and have worries with regards to your kids' welfare if taken care solely by your ex-spouse (who is the parent of your children), you can appoint in the system to have a guardian to act jointly with the other parent. There is no difference of priority in terms of making decision for the children between your appointed guardian and the other parent.
If you have no worries and fully entrust your ex-spouse (the other parent) to be the sole guardian, you may also select the "No guardianship clause" or the "To act only if no parents survives" depending on your preference.