GUARDIANSHIP

When making a Will, appointing guardians for your children needs careful consideration. Deciding who you would like to bring up your children is likely not to be easy, however the thought of knowing that someone you trust will be looking after them after you've gone should certainly bring some comfort to the matter. After all, the alternative is letting the courts decide on their guardians, something that surely any parent would wish to avoid.

The appointee will only become the child's guardian if at the death of the testator:

  •  no parent with parental responsibility survived him/her; or
  •  There was a residence order in his/her sole favour relating to the child.

It may seem obvious, but when appointing guardians in your will, it is always advisable that you seek the consent of those you wish to appoint, prior to naming them in your Will.The loss of a friend or family member can be shocking enough without unexpectedly having to take responsibility for the children. You may also want to consider leaving a gift to the children in the Wills. This may be paid to the guardians to use towards the maintenance, education and benefit of the children while they are minors.

Having appointed guardians for your children, you may also want to think about writing a letter of wishes to lay out how you want your children to be raised specifically. You could perhaps express how you wish for your children to continue with certain activities and give guidelines regarding their religion and education. Remember though that a letter of wishes is not legally binding and cannot be enforced and so it is advisable when appointing guardians that you choose someone who will follow the wishes you have set out.

Share This Story

Tagged in

You might also like

Long term care plans Tenancy in common
posted on - 16 January 2018
I recently visited a retired couple who were recommended to me by an existing client. Their main asset was the family home and some savings which had been built up over the years. The clients did...
Society of Will Writers
posted on - 05 January 2018
In 2011 the Society of Trust and Estate Practitioners published a report on Cowboy Will writing which outlines five main problem areas within the UK Will Writing Market: Invalid Wills Will Writers...
posted on - 16 December 2017
I received a call from a concerned family who, after viewing my website, asked me to visit their home with a view to arranging Wills for them. The family were married with two children but one of the...

Why Choose
David Gee Wills and Probate

Over 30 Years experience advising clients

Having worked in the financial services business for over 30 years my wealth of knowledge will help you decide which is the most beneficial way to proceed with your Wills,Lasting Power of Attorney and Probate.

I am a member of the Society of Will Writers which means all clients have the reassurance that all business is conducted under a strict code of conduct. 

Professional and Personal Service

I pride myself on providing a professional and personal service. All documents will be drafted by me personally.

I am supported by a team who are always on hand to take your calls and enquiries.

Our aim is to take you through the process of making a Will, Lasting Power of Attorney or Probate as easy as possible.

Specialist Trust Knowledge

I offer advice on a wide range of solutions from basic to more complicated Wills incorporating trusts to protect your needs.

My experience in Estate and Trust planning enables me to explain this complicated financial subject in an easy to understand way.

Contact David

Contact Me :
01933 426199