The importance of a Will in appointing guardians for your children

The below sets out the reasons why you should ensure you have a Will in place that includes an appropriate guardianship appointment if you have children under the age of 18.

Why appointing a guardian in your Will is so important

1. It allows you, as a parent, the choice of who you wish to care for your children.  

   As a parent, you know your children better than anyone else and this gives you control to choose someone you trust with this important responsibility.  You can choose someone who has a close relationship with your children, someone who shares your beliefs and values whilst also considering other factors such as their age and geographical location.  

2. It provides certainty and stability for your children and prevents court intervention

   A properly drafted guardianship clause is a legally binding appointment. This means that you can be reassured that your plans are already in place, reducing disruption to your children at a difficult time, and ensuring that the Courts do not need to be involved in deciding who should care for your children.  

3. You can make plans and discuss these with the future guardians

   You can have discussions now with your intended guardians or prepare letters of wishes to guide them on how you would like your children to be raised, including in relation to medical, educational and religious matters.

Appointing a guardian is one of the most important decisions you will make as they will be responsible for your children’s daily care and welfare until they reach the age of 18.

When drawing up your Will, you will also need to consider who you wish to manage your children’s inheritance until they become able to control this for themselves.  These may be the guardians you choose to look after your children, or different individuals entirely. These individuals will need to work effectively together in the best interests of your children.

It is incredibly important for parents of minor children to ensure they have a properly drafted Will that includes a guardianship appointment and to keep this regularly reviewed in light of any change in circumstances. If you would like advice or would like to put your Will in place now, our Private Client team would be happy to assist. Please contact us on 020 8290 0440.