--- title: What happens to my minor children if I die without a will? description: A significant problem can arise if a person has minor children and no guardian has been appointed in a will. If this happens, a court must appoint a guardian. This often leads to disputes over guardia --- [Skip to content](https://support.fortunaadvisors.com.au/en/what-happens-to-my-minor-children-if-i-die-without-a-will#main-content) English Show submenu for translations ![Fortuna logo.png\]](https://support.fortunaadvisors.com.au/hs-fs/hubfs/Fortuna%20logo.png?height=40&name=Fortuna%20logo.png) - [Default HubSpot Blog](https://blog.fortunaadvisors.com.au/) Open main navigation Close main navigation - [Default HubSpot Blog](https://blog.fortunaadvisors.com.au/) - English Show submenu for translations - Fortuna Advisory Group Fortuna Advisory Group Hello. How can we help you? - There are no suggestions because the search field is empty. 1. [Help Center](https://support.fortunaadvisors.com.au/en?hsLang=en) 2. [Legal Advice](https://support.fortunaadvisors.com.au/en/legal-advice?hsLang=en) # What happens to my minor children if I die without a will? A significant problem can arise if a person has minor children and no guardian has been appointed in a will. If this happens, a court must appoint a guardian. This often leads to disputes over guardianship and a large amount of unnecessary legal fees being incurred. Under intestacy law, if a person dies leaving minor children, the children will inherit their share of the estate when they become 18. At the age of 18, people are often not experienced enough to make sensible decisions on how best to deal with an inheritance. If a will is made, a trust can be created, or a provision can be made that the children would only inherit their share at a later age. - [Webinars](https://support.fortunaadvisors.com.au/en/webinars?hsLang=en) - [COVID-19 Resources](https://support.fortunaadvisors.com.au/en/covid-19-resources?hsLang=en) - [Business Advisory Guides](https://support.fortunaadvisors.com.au/en/business-advisory-guides?hsLang=en) - [Tax & Compliance Guides](https://support.fortunaadvisors.com.au/en/tax-compliance-guides?hsLang=en) - [Xero Guides](https://support.fortunaadvisors.com.au/en/xero-guides?hsLang=en) - [Legal Advice](https://support.fortunaadvisors.com.au/en/legal-advice?hsLang=en) - [Financial Planning Guides](https://support.fortunaadvisors.com.au/en/financial-planning-guides?hsLang=en) - [Brokerage Guides](https://support.fortunaadvisors.com.au/en/brokerage-guides?hsLang=en) - [Default HubSpot Blog](https://blog.fortunaadvisors.com.au/) [![Chill listening crop-3](https://support.fortunaadvisors.com.au/hs-fs/hubfs/Fortuna%20logo.png?width=85&height=24&name=Fortuna%20logo.png "Chill listening crop-3")](https://support.fortunaadvisors.com.au?hsLang=en) Connect with us on social Copyright © 2026, Fortuna Advisory Group ![](https://px.ads.linkedin.com/collect/?pid=3610066&fmt=gif)