Singapore / Guardianship
What Is a Legal Guardian for a Child in Singapore?
In Singapore, you can name a guardian in your Will to care for your child if you pass away. If your child’s other parent is alive, they will usually share the role with the person you chose.
Key points
You can name a guardian for your child in your Will.
If your child’s other parent is alive, they will usually share the role with the person you chose.
Any decision by the court puts your child’s welfare first.
A guardian looks after your child, while executors and trustees look after your estate and money.
What is a legal guardian and what are their responsibilities?
A guardian looks after your child and makes decisions about their care, including where they live, go to school and get medical care. In Singapore, this role can continue until your child turns 21.
Naming someone in your Will makes your wishes clear about who you want to care for your child.
How do I appoint a guardian?
You can name a guardian in your Will. This is allowed under the Guardianship of Infants Act 1934.
If your child’s other parent is still alive when you pass away, they will usually share the role with the person you chose. Your choice does not take away the other parent’s role.
What if the other parent and the guardian cannot agree?
If the two of them cannot agree, or there are concerns about the other parent caring for your child, the guardian you named can ask the court to decide. The court may decide that:
- the other parent should care for your child alone;
- the other parent and your chosen guardian should share the role; or
- your chosen guardian should care for your child alone.
The court puts your child’s welfare first when it decides.
Issues like existing custody orders, adoption, or family members living overseas can change how these rules apply.
Who should I choose as my child’s guardian?
Start with an adult you trust to care for your child.
You may want to consider:
- their relationship with your child;
- whether your child already knows and feels comfortable with them;
- where they live;
- whether they are willing and able to take on the role;
- their health, family and work commitments;
- whether they share your values; and
- whether your child could stay close to their school, family and friends.
Talk to the person before naming them in your Will. Make sure they understand the responsibility and are willing to take it on. A court can remove a guardian and appoint someone else if needed.
Should I name a backup guardian?
Yes. Your first choice may pass away before you, become unable to care for your child, or decide they cannot take on the role when the time comes. A backup guardian can step in if that happens.
You can also name more than one guardian to act together, but they will need to agree on important decisions. Name your guardians in order of preference so your wishes are clear, and let each of them know.
What happens if I do not appoint a guardian?
Your child’s other parent, if they are alive, will continue as their guardian.
If there is no parent or guardian to care for your child, someone can ask the court to appoint one. The court will decide based on your child’s welfare, and may not choose the person you would have wanted. Naming a guardian in your Will is the clearest way to make your wishes known.
What if both parents choose different guardians?
You and your child’s other parent do not have to choose the same person. But if you name different people, they may end up having to make decisions together, which can be difficult if they do not get along.
Where possible, talk to your child’s other parent about your choices and try to plan your Wills together.
What is the difference between a guardian, executor and trustee?
The same person can take on more than one of these roles, but each has a different job.
Guardian: Looks after your child and makes decisions about their care and upbringing.
Executor: Deals with your estate after you pass away, including collecting your assets, paying debts and sharing out your estate according to your Will.
Trustee: Manages money or property held for someone else, such as a child who is too young to receive their inheritance directly.
Being your child’s guardian does not give someone free access to your child’s inheritance. For more information, see our guide to executors and trustees in Singapore.
Can I appoint a guardian for my pet?
No. Legal guardianship applies to children, not pets.
However, you can ask someone you trust to look after your pet if you pass away, and leave them notes about your pet’s routine, food, vet and other needs. You can also leave a gift in your Will to help cover the cost of your pet’s care.
Should I leave a letter of wishes for my child’s guardian?
A letter of wishes gives your guardian practical information about your child’s life and how you would like them to be raised. You might include:
- your child’s daily routine;
- their school and education;
- important family relationships;
- medical or dietary needs;
- hobbies and interests;
- religious, cultural or family traditions; and
- your hopes for their future.
A letter of wishes is not legally binding. It tells your guardian what matters to you. Keep it up to date and make sure your guardian and executors know where to find it.
Planning guardianship for your child
Talk to the person you would choose to care for your child, and ask whether they could take on the role. Then choose a backup.
Review your choices after a new baby, a move, or a change in your guardian’s circumstances.