Nobody likes to think about what may happen after we are gone, but as a parent, it is important to prepare for every eventuality to ensure our children are cared for should the worst happen.
While making a Will is a crucial part of everyone’s estate planning, it is especially significant if you have children.
Naming a guardian in your Will ensures your children are looked after by someone you trust if you and their other parent pass away before they are 18.
In this blog, our Wills Solicitors consider why you should appoint a guardian in your Will and what to think about when deciding who to choose.
Why You Need a Guardian in a Will
Appointing a guardian is essential if you have children under the age of 18. The guardian you choose will have parental responsibility and look after your child if you die before they are 18.
Parental responsibility refers to the rights, duties, powers, responsibilities and authority a parent has in relation to their child.
If you have parental responsibility, you must provide a home for a child, protect and maintain them, and make decisions about their health, welfare and education that are in their best interests.
Parents should appoint a guardian in their Will for several reasons:
- You retain decision-making control. Appointing a guardian means that you are responsible for deciding who cares for your children if both parents with parental responsibility pass away. Without a named guardian, a court will decide who cares for your children, which might not be who you would have chosen.
- Prevents disputes. If you die without naming a guardian, multiple people may volunteer to look after your children, which could lead to family disagreements and legal disputes.
- Ensures stability. Losing a parent is traumatic enough. Making plans for what will happen in the event of your death mean your children will be looked after in a safe and secure environment.
- Confers legal authority. A guardian appointed in a Will has parental responsibility for your children if they need to act. This ensures they can make important decisions on behalf of your children without any legal obstacles.
Who To Choose as a Guardian in a Will
As long as they are over the age of 18, you can appoint anyone you wish to be a guardian for your child. Most people choose a family member or close friend.
Legally, you can appoint up to four guardians in your Will, although typically parents prefer to appoint two people (usually a couple). We would also recommend naming substitute guardians in case your initial choices are unable or unwilling to act.
Choosing a guardian is a deeply personal decision, but it also has significant legal implications. A solicitor can help ensure your Will is valid and your wishes are clearly expressed.
At Bowsers Solicitors, our professional and friendly Will writers will guide you through the process and ensure everything is in place so that your children are cared for if you pass away.
We can also advise on related matters, such as setting up a Trust to provide financial support for your child.
To speak to a Wills solicitor, please call 01945 583194 (Wisbech) or 01354 652606 (March), email reception@bowsers.co.uk or fill in this contact form.
What to Consider When Choosing a Guardian
When considering who to appoint as a guardian in your Will, you should choose someone that you trust and that you know your children will get on with.
You should also talk to the person, or people, you have in mind before naming them in your Will to check they are happy to fulfil the role.
Deciding on a guardian for your children isn’t easy, but it can help to think about the following questions:
- Do your children know the people you have appointed as guardians?
- Will they give your children the love and support they need?
- Where will your children live?
- Will they have to change schools?
- How will it affect their friendships, hobbies and lifestyle?
- Would the guardians raise your children in a way that aligns with your values and wishes?
- Does the guardian have any medical conditions that might prevent them from acting?
- Do they have children of their own?
- Are they financially stable and responsible?
Wills Solicitors Wisbech
At Bowsers Solicitors, we help clients in Wisbech, March and the surrounding areas in Cambridgeshire, Norfolk, and Lincolnshire, write and update their Wills.
Our experienced lawyers take the time to fully get to know you and your circumstances so that the Will you write accurately reflects your situation and meets your wishes.
If you have children under the age of 18, it is crucial to name a guardian in your Will to ensure they are cared for by someone you trust if both parents pass away.
Our specialist private client solicitors will guide you through the process, making sure that everything is in place to protect your children’s future.
We offer our Will writing service as part of a broader private client legal offering, which involves specialist advice on all legal issues that may affect you or your family.
Our private client legal services include specialist advice on:
- Court of Protection and Deputyship.
- Estate Planning.
- Lasting Powers of Attorney.
- Living Wills.
- Probate.
- Statutory Wills.
- Trusts.
- Will Writing.
If you have any questions about appointing guardians in your Will, please get in touch with our private client team today.
To speak to a Wills solicitor, please call 01945 583194 (Wisbech) or 01354 652606 (March), email reception@bowsers.co.uk or fill in this contact form.
