Protecting Your Children: Guardianship and Minor Planning

No parent wants to think about it, but every parent must: what happens to your children if both of you die? In India, if both parents of minor children die without a will naming a guardian, the court decides who raises your children. The court's choice may not be yours.

Under the Hindu Minority and Guardianship Act, the natural guardian after both parents is the paternal grandfather. Not your sister who has two children the same age. Not your best friend who shares your values. Not the maternal grandmother who lives closest. The law defaults to patrilineal succession unless a will states otherwise.

A testamentary guardian, named in your will, is given strong preference by courts. Naming a guardian in your will does not guarantee the court will follow it, but it creates a legal record of your wishes that is difficult to override without strong reasons.

Beyond guardianship, financial planning for minor children requires a trust or a clear will structure. Assets left to minors are managed by the guardian, which creates potential for misuse. A testamentary trust, set up through your will, can ring-fence assets and specify how and when they are released to your children.

Sort My Legacy's Will Builder includes guardianship clauses specifically designed for Indian law. Name your preferred guardian, an alternate, and specify your wishes for your children's upbringing. It takes 20 minutes to ensure your children are protected.