What happens to my children if I die before they turn 18?

I don’t own a home or have any savings, why should I make a Will?

Whilst you may not own your own home or have significant savings or investments to leave to your loved ones in your Will you can still make provision for your minor Children when you die by appointing a Guardian or Guardian’s to care for them if you die before they are 18.

What is a legal Guardian?

A legal guardian is someone who has been formally appointed to take care of a child when certain persons have died, most typically the child's parents. A parent who has parental responsibility or a guardian who has been formally appointed can appoint a guardian(s) in their Will.  This is called a Testamentary Guardian.

Why should l appoint a Guardian?

It is sensible for parents to appoint one or more individuals, as guardians, to take care of their children and to be responsible for them if they both die before their children reach the age of 18.

The appointment of a guardian normally takes effect once both parents with parental responsibility have died. The situation is different if the person appointing the guardian was the only person named in a child arrangements as a person with whom the child was to live immediately before his or her death, or they were the child's only (or last) surviving special guardian.

When the appointment is effective a guardian acquires parental responsibility for the child and is in a similar position to a parent with parental responsibility. People with parental responsibility are entitled to make important decisions about the child, such as in relation to education, medical treatment and where the child should live, and they can also deal with their money or property. However, a guardian does not acquire the same financial liabilities that a parent has in relation to the child such as being ordered to make payments for the child by the Child Support Agency.

Guardians can only be appointed for children under the age of 18. Once the children reach this age, any such appointment will automatically end.

If you would like to discuss preparing a Will appointing guardians please contact the Wills & Probate Team at Johnson Astills and we will be pleased to assist. You can contact 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.