Legal guardianship in Singapore

What is legal guardianship?

A legal guardian is the person you appoint to care for your children if both parents pass away while the children are under 21. The guardian steps into a parent's role – making the day-to-day and long-term decisions about your children's home, health, education, and upbringing. The clearest way to choose that person yourself is to appoint a guardian in your will.

Why appoint a guardian in your will?

If you and your children's other parent pass away while your children are under 21, someone will need to step in to care for them. By naming a guardian in your will, you decide who that is – rather than leaving it to the courts.

Without a named guardian, anyone can apply to the court to be appointed. That takes time, and the outcome may not reflect your wishes. While it is being sorted out, your children may be placed in the care of the authorities. Naming a guardian avoids that uncertainty at the hardest possible moment – and if your children are young, it is one of the most important things your will can do.

Creating your will with MakeGoodwill lets you appoint a guardian in about an hour. Our guide to creating a will in Singapore walks through everything your will can cover.

How to appoint a guardian in Singapore

You appoint a guardian as part of your will. When you create your will with MakeGoodwill, you can:

• Name a primary guardian – the person you would like to care for your children.
• Name a substitute guardian – who steps in if your first choice is unable or unwilling to act. We strongly recommend naming one.
• Name a temporary guardian – if your primary guardian lives overseas (more on this below).

Record each guardian's full legal name and identification – NRIC, FIN, or passport number – so there is no doubt about who you mean. There is no strict legal requirement to tell the people you have chosen, but we strongly recommend it. A short conversation means they have agreed to the role and can act straight away if they are ever needed.

Who can you choose as a guardian?

You can choose anyone who is willing and able to care for your children. Ideally they are over 21 and not bankrupt, though these are not strict legal requirements. Common choices are your spouse, a sibling, a parent, or a close friend. When you are weighing up who to appoint, it helps to consider:

• How well your children know them, and how comfortable they are together
• Whether you trust them to act in your children's best interests
• Whether they have the means and support to take on raising a child
• Whether their values reflect the way you would want your children raised

What is a temporary guardian?

If the guardian you have chosen lives overseas, you can also appoint a temporary guardian who lives in Singapore. The temporary guardian looks after your children for the short time it takes your permanent guardian to travel to Singapore and take over. As with your main guardian, choose someone based here – or able to relocate quickly – and let them know in advance.

What happens if you don't appoint a guardian?

If no guardian is named, the decision passes to the courts. Anyone can apply to be appointed, the process can take time, and the outcome may not be the person you would have chosen. While it is being decided, your children may be placed in the care of the authorities. Appointing a guardian in your will is the simplest way to keep that decision in your hands.

Providing for your children

A guardian cares for your children, but they do not automatically control your children's inheritance. If you leave a gift to a child who is under 21, the gift goes to the child – not to the guardian. The person who looks after it until your child turns 21 is your trustee, which in a MakeGoodwill will is your executor – the same person who applies for the grant of probate and carries out your wishes. Choosing the right person for that role matters too, and our guide on choosing the right executor can help.

If you own property in Singapore and a beneficiary is under 21, you should appoint two executors to act jointly, because Singapore law requires two trustees to give a valid receipt for the sale proceeds of that property.

If you would like more control over how and when your children receive their inheritance – for example, releasing it in stages as they grow up – that involves setting up a trust, which sits outside what MakeGoodwill offers. For that, please consult a lawyer and obtain independent legal advice.

Frequently asked questions

Should I name my spouse as my children's guardian?

Many people do – appointing your spouse as the primary guardian is the most common choice, and it's the default in our flow. We then recommend naming a substitute guardian: the person who would step in if your first choice is ever unable to act, for example if both of you pass away. You're also free to appoint someone other than your spouse as your primary guardian if you'd prefer – the law allows that, and the appointment is just as valid. Naming a guardian, and a substitute, keeps the decision with you rather than leaving it to the courts.

Can I appoint a guardian for my stepchild?

Appointing a guardian for a stepchild is a complex area of law, and a guardianship appointment in your will may not cover them. If you would like to provide for a stepchild this way, please consult a lawyer and obtain independent legal advice.

Do guardians get paid?

Guardians are not paid for their time unless your will provides for it. The cost of caring for your children can be met from the assets you set aside for them, or from your estate.

Do I need to tell the person I've chosen?

There is no strict legal requirement to, but we strongly recommend it. A short conversation means they have agreed to take on the role and can act immediately if they are ever needed.

What if my guardian lives overseas?

Appoint a temporary guardian who lives in Singapore to provide interim care. If a guardian later wants to move your children abroad to live, they would generally need the Family Justice Courts' permission, and the court decides based on what is in your children's best interests. Being named as guardian does not, by itself, give your children the right to live in another country – that depends on the immigration rules of the country concerned.