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Guardian Nomination for Minor Children

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Create a guardian nomination document recording who you would prefer to care for and make decisions for your minor children if you die or become unable to do so.

A Guardian Nomination is used by a parent or guardian to record who they would prefer to care for minor children if they die, become incapacitated, or are unable to exercise parental responsibilities and rights. It may be included in a will or prepared as a supporting estate-planning document.

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South African legal context (2026 checklist)

A guardian nomination is important guidance, but children’s matters are always subject to the best interests of the child. The nomination should be coordinated with the parent’s will, trust arrangements, maintenance planning, and practical care arrangements. If another parent or guardian with parental responsibilities and rights survives, their rights must also be considered.

  • Children’s Act 38 of 2005
  • Constitution of the Republic of South Africa, 1996, section 28
  • Wills Act 7 of 1953
  • Administration of Estates Act 66 of 1965
  • Trust Property Control Act 57 of 1988, where inheritance for minors is held in trust
  • South African common law of guardianship and parental responsibilities

Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.

Typical questions we'll walk you through

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What is the parent’s full name and ID number?
What is the parent’s full name and ID number?
What are the minor children’s full names and dates of birth?
What are the minor children’s full names and dates of birth?
Who is the other parent or current guardian?
Who is the other parent or current guardian?
Who is nominated as guardian?
Who is nominated as guardian?
Is an alternate guardian nominated?
Is an alternate guardian nominated?
Has the proposed guardian agreed?
Has the proposed guardian agreed?
Should the guardian care for the children personally?
Should the guardian care for the children personally?
Are there wishes about schooling, religion, culture, language, medical care, or residence?
Are there wishes about schooling, religion, culture, language, medical care, or residence?
Should inheritance for the children be held in trust?
Should inheritance for the children be held in trust?
Is the nomination included in a will or separate document?
Is the nomination included in a will or separate document?

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