If you’re reading this, there’s a good chance you’re thinking about difficult “what if” scenarios. That’s completely understandable.
When you have children under 18, choosing who would care for them and who would manage their inheritance can feel overwhelming. This article focuses on parents with children under 18 in Western Australia and shares the essentials in plain English to help parents start thinking through these choices. Our aim is to give you clear information now and thoughtful support when you’re ready to go further.
If you have children under 18, your will needs to cover two big decisions: who will care for your children (the guardian) and who will manage their inheritance (the trustee). These roles can be held by the same person, but they don’t have to be. Making deliberate choices now reduces stress, protects relationships, and keeps your children’s best interests front and centre.
Guardian vs trustee: two different jobs
- Guardian: day-to-day care: where your children live, school decisions, health and wellbeing.
- Trustee: financial decision-maker: overseeing funds and investments for your children until the age you set.
Treat them as separate roles with different skill sets. That simple mindset shift often leads to better outcomes for children.
Should one person do both?
Sometimes yes. Often, separating the roles is safer for families with children under 18:
- Different strengths: The most loving carer isn’t always the best financial decision-maker.
- Checks and balances: A trustee can query big or non-essential spends; a guardian can advocate for what’s genuinely needed.
- Less friction as your children grow: the dynamics faced in the teenage years with a guardian shouldn’t spill into financial decisions.
- Clearer records: Trustees can focus on budgets, reporting and long-term planning.
When one person for both can work
Keeping everything with one capable person can be fine if:
- your estate is straightforward;
- they share your values, understand your children’s needs and are genuinely willing; and
- family dynamics or distance make a split impractical.
The key is that it’s a considered choice, not the default. If you’re unsure, we can walk you through the things you need to consider.
Practical questions for parents with children under 18
- Values & stability: Do they parent in a way you respect? Can they offer a calm, consistent home environment?
- Money comfort: Are they organised, willing to say no when needed, and able to keep clear records for your children’s benefit?
- Ages & access: At what age (e.g. 18, 21 or 25) should your children gain control?
- Back-ups: Consider naming at least one alternate for each role if your first choice can’t act.
- Location & logistics: If your guardian lives outside WA, consider a WA based co-trustee or professional trustee to help with banks, property and local requirements.
We know these choices are personal and can bring up big feelings of love, fear, even guilt about “getting it wrong.” That’s normal. When you’re ready, we can go through the complete list of factors to consider together and tailor the approach to your family’s dynamics.
Common worries we hear from parents and how we support you
We hear these concerns often from parents with children under 18:
- “What if I choose the wrong person?” You can name alternates and update your will as life changes.
- “What if they say no later?” A frank chat now increases the chance they’ll accept the role and do a great job.
- “What if family disagrees?” Clear documents (and separated roles) help reduce conflict when emotions run high.
How Couldwell Legal helps
We work with parents across WA to turn a difficult, emotional decision into a clear, documented plan that respects your values and your children’s needs. We help:
- match guardians and trustees to the right people (including back-ups);
- set clear, practical guidance on spending and ages for access; and
- prepare plain English documents so your wishes are easy to follow.
We take this work to heart. You’ll notice our empathy in how we listen, our integrity in the options we present, and our compassion in how we help you weigh up what’s best for your family.
Ready to talk it through? Clarity starts with a conversation
Book your 15 minute obligation-free discovery call with an estate planning lawyer. We’ll use the time to learn what you need and see if we’re the right fit for you, with clear information about what working together looks like.
FAQs
Do guardians automatically control the money for children under 18?
No. Guardians look after day-to-day care. Trustees are the financial decision-maker. You can appoint the same person to both roles, but you don’t have to.
Can I change guardians or trustees as my children grow?
Yes. You can update your will when circumstances change (e.g. relationships, health, or financial shifts).
What age should my child take control of their inheritance?
There’s no single “right” age. Many parents choose staggered access (for example at 18, 21 and 25). We’ll help you choose what suits your family.
Can I choose a guardian who lives interstate or overseas?
Yes. Consider appointing a WA based co-trustee or professional trustee to help with banking, property and local administration.
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