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WHY APPOINTING A GUARDIAN FOR YOUR MINOR CHILDREN IS ESSENTIAL

Cape Argus

|

July 01, 2025

AS PARENTS, one of the hardest things to contemplate is the possibility of not being around to raise our children. Yet, planning for such a possibility is one of the most responsible things we can do. While financial provision is an essential part of any estate plan, it’s equally important to nominate a legal guardian who can care for your minor children in your absence. Here’s why this decision is so critical.

- SHERRY TAPFUMA

The effects of dying without a Will: Sadly, about 70% of South Africans die without a Will. What many don’t realise is that if you die intestate and have minor children, the courts are left to decide who will care for them in your absence. This process can be lengthy and contentious, especially if more than one family member steps forward.

Your child’s other parent will usually become the sole guardian: If both parents hold parental responsibilities and rights, they are considered natural guardians. Upon the death of one parent, the surviving parent typically becomes the sole guardian. This means that a guardian nomination is only needed if both parents pass away simultaneously or if a parent is the sole guardian.

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