expected to reside? Will an agreement even be
reached as to who the children will stay with?
Aside from the above, there could also be
difficulties faced (along with the associated
expense) of obtaining visas for the children and
removing them from the UK to live abroad. Will
this even be permitted and what if the visas are
refused?
Can I Leave Money for my Appointed
Guardian(s) in my Will?
The simple answer is yes.
One option is to include this as a money gift in
the will which will enable you to specify that the
gift is conditional on them acting as a guardian.
However, there is no guarantee that the guardians
will use it towards the children’s maintenance.
The other alternative is that if assets are being
left to the children, the trustees can use the
trust income and capital towards the children’s
maintenance and benefit. The trustees could
do this either by using trust assets directly for
the children’s benefit, by transferring income or
capital to the child’s parent or guardian whilst
they are a minor or to the child directly once they
are no longer a minor.
Consequences of not Appointing a Guardian
So what will happen to your children if you don’t
appoint a guardian in your will?
Quite simply, the Courts may appoint a guardian
for your children. There may well be a feud between
the family as to who looks after your children or
worse still, your children may be placed into care.
I’m sure many people will agree that their children
are their most treasured possession. Losing
parents can be extremely distressing for children
so make provisions in your will now which will
make the transition less painful for your children
later in life but equally give you the assurance
that your children will be well looked after and
loved by someone you trust after should anything
happen in the future.
the society of will writers
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