A huge congratulations to Evie for completing the Royal Parks Half Marathon on Sunday 11 October!
Preparing a Will often requires a lot of difficult questions to be answered, such as who will be responsible for taking care of your children should you pass away.
Parents often have strong views about who they would want, or not want, to look after their children, but research suggests nine in 10 parents have no guardian appointed.
If you have children under the age of 18, whether they are biological or formally adopted, it is important to consider appointing a testamentary guardian in your Will.
How does guardianship within a Will work?
A testamentary guardian will look after your children if you pass away before they reach adulthood, holding full parental responsibility and pastoral rights.
You can appoint anyone to be your children’s guardian, provided they are over the age of 18.
In many cases, this is a family member, a close friend or anyone else who you feel would be appropriate to oversee your children’s best interests.
There is a common misconception that naming someone as a godparent automatically makes them a testamentary guardian, though these roles are entirely separate.
As a result, parents often overlook the need to update their Will and formally appoint a guardian, which can leave uncertainty over who assumes legal responsibility.
Without a formally appointed guardian in a Will, the courts or social services will decide who raises your children.
The lack of certainty can be extremely disruptive, particularly for young children, as it may not be immediately obvious who is best placed to look after your children.
Unfortunately, the person who assumes responsibility may not have been the individual you would have initially chosen, like a godparent, which can lead to disputes among family members.
Why should you review your Will?
If you have yet to draft a Will, or your Will was created before you became a parent, it might be time to review and update it.
We understand that appointing a guardian is one of the most important decisions that goes into preparing a Will, so we want to help.
Our solicitors can draw up a new Will, add the guardianship appointment to an existing one and outline financial arrangements for your children.
Yet to appoint a testamentary guardian? Speak to our solicitors for help updating or drafting your Will.
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