Why single parents need a will

You’re the whole safety net

For two-parent families, there’s a backup if one parent dies. As a single parent, you’re it. If something happens to you:

Who raises your children?
Who manages money on their behalf?
Where do they live?
How is their education funded?

Without a will, these decisions fall to the courts and intestacy laws — not to you.

Guardian appointment is critical

The most important thing a single parent’s will does is nominate a guardian for minor children.

🇦🇺 In Australia: Your will can nominate a testamentary guardian, but the Family Court makes the final decision based on the child's best interests. Your clearly expressed wishes carry significant weight — but only if you've written them down.

Without a nomination:

The court decides with no guidance from you
Family members may fight over custody
The outcome might be someone you’d never choose

The other parent question

If your children’s other parent is alive, they generally have a legal right to custody regardless of what your will says. But consider:

If they’re a good parent — Your will can still appoint a guardian in case they also die
If they’re absent — Your nominated guardian has a stronger claim
If they’re unsuitable — Document your concerns and nominate someone you trust

You can include a letter with your will explaining why you’ve chosen your guardian and any concerns about alternatives.

Money needs protection too

Children can’t legally inherit directly until they’re 18. Without proper planning:

Their inheritance goes into a court-controlled trust
Or the other parent may gain control of it
Funds might be spent before your children are old enough to benefit

A testamentary trust in your will lets you:

Choose who manages the money (the trustee)
Set conditions for how it’s used (education, health, housing)
Decide when children get full control (18, 21, 25, or in stages)

Life insurance considerations

As a single parent, life insurance is essential. But the payout needs to go to the right place:

Nominate your estate — Then your will controls distribution
Or nominate a trust — Your testamentary trust can receive the payout
Don’t nominate minor children directly — They can’t receive it, causing complications

Make sure your insurance and will work together.

💡 Important: Review your life insurance amount. As a single parent, it needs to cover not just debts but years of raising your children — childcare, education, housing, daily expenses.

Talk to your chosen guardian

Before you name someone in your will:

Ask if they’re willing to take on the role
Discuss your parenting wishes and values
Talk about practical matters (where children would live, schools)
Consider their age, health, and financial situation
Have a backup guardian in case your first choice can’t serve

What to include in your will

As a single parent, your will should:

✅ Nominate a guardian (and backup guardian)
✅ Establish a testamentary trust for children’s inheritance
✅ Name a trustee to manage the money (doesn’t have to be the guardian)
✅ Set out how funds should be used for children’s benefit
✅ Specify when children receive their inheritance outright
✅ Include a letter of wishes with parenting guidance

What to do now

Read our full guide: Estate Planning for Single Parents
Think carefully about guardian choices — talk to them
Calculate life insurance needs
Use our Guardian Checklist to organise your thoughts
Make a will that protects your children properly

⚠️ Don't wait: As a single parent, you don't have a backup. Tomorrow isn't guaranteed. The best gift you can give your children is the security of knowing they'll be cared for.