In the event of your death , what is it you would like to happen to your children ?
Appointing Guardians
In the event of your death , what is it you would like to happen to your children ?
Currently in the UK , only 67 % of adults have a valid Will , and whilst not all of them will have needed to appoint guardians for their children , it is certainly something that many of them will have considered . Deciding who you would like to bring up your children is likely to not be easy , however the thought of knowing that someone you trust will be looking after them after you ’ re 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 : A . No parent with parental responsibility survived him ; or
B . There was a residence order in his sole favour relating to the child .
Without any guardians in place , under Section 5 of the Children Act 1989 the courts can appoint guardians for a child if there are no parents with parental responsibility , i . e . not named on the child ’ s birth certificate . Guardians may also appoint a successor , and this is not something that needs to be done in the testators Will .
It may seem obvious , but when appointing guardians in your Will , we always advise that you seek 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 on the responsibility of children . You may also want to consider leaving a gift to the children in your Will as this may be paid to the guardians to use towards the maintenance , education and benefit of the children whilst 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 such as music lessons , or after school clubs . Other examples may include guidelines as to religion , or their education . It should however be remembered that a letter of wishes is just that . It is not legally binding and cannot be enforced , and as such it is advisable that when appointing guardians , you choose somebody who will follow the wishes you have set out .
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The Society of Will Writers