How Do I Appoint a Guardian For My Children In My Will?

What is a Guardian appointed by my Will?

If you die leaving children under the age of 18, you can make provision in your Will for who you would like to look after your children if there is no one else with Parental Responsibility. They would then  be able to make decisions about matters such as  your children’s health, education, and with whom and where they will live.

Why should I appoint a Guardian for my children in my Will?

Putting a provision in your Will regarding who you would like to act as a Guardian for your children allows your wishes to be made known. If you do not appoint a Guardian, and there is nobody with parental responsibility for your children the courts would decide who would be the best person to act as a Guardian for your children, and this could take some time. The final decision may not have been who you would have chosen.

How do I appoint a Guardian in my Will?

You would need to make specific provision for this in your Will, and this is something that our expert solicitors at Johnson Astills would be pleased to discuss with you. Here at Johnson Astills our solicitors would talk to you about your wishes and reasons for those wishes and advise you on the best way for your wishes to be reflected upon your death.

Who should I appoint as a Guardian?

Some of the key factors to consider when appointing a Guardian for your children in your Will include the following:

• The age and health of your chosen Guardian – are they old enough and well enough to look after your children until they turn 18?
• If the Guardians have children of their own – would it be suitable for your children to live with them? Would your children need to relocate? How would they feel about this?
• Are there any safeguarding concerns? Would your children be safe with your chosen Guardians?
• Would your chosen Guardians be happy to take on such a huge responsibility? Would they be able to raise your children in a similar way that you would have raised them?

The main thing to consider is what would be in your children’s best interests. Appointing a Guardian can be a difficult decision, which is why it is important to consider different factors and make sure that you choose someone you trust.

Your guardians would be able to approach your trustees to make arrangements as to how your children’s financial needs would be met from your estate until they are old enough to manage their own inheritance.

You may also leave a Letter of Wishes which would help guide your Guardians in such an event.

Can I make an appointment?

Making a Will ensures that your estate will pass in accordance with your wishes. Here at Johnson Astills, we can provide our clients with legal advice to help ensure that our clients’ estates are dealt with in accordance with their wishes - whether this is through drafting Wills for them, or updating an existing Will with a Codicil. Please call our expert solicitors at Johnson Astills who would be pleased to assist you with this. Please call us at our office in Leicester or our office in Loughborough. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.