At Phillips Law, we know that making a Will can sometimes feel like a task for “another day.” But if you have young children, putting a Will in place is one of the most important steps you can take to protect their future – particularly when it comes to appointing legal guardians.

Without a valid Will, you lose the ability to choose who would step into your role as parent and raise your children if something were to happen to you whilst your children were minors. If you did not have a valid legal guardian appointment, the Courts would ultimately decide the appointment instead. By making a Will, you stay in control, ensuring your children are cared for by people you know and trust.

So, what do you need to think about when appointing legal guardians?

Location

It is important to consider where potential legal guardians live. Moving children away from their school, friends, and familiar surroundings can add extra upheaval at an already difficult time. Ideally, your chosen legal guardians should live close by, or be willing and able to move, to maintain as much stability as possible. Of course, this would be a discussion to have with your chosen legal guardians.

Age and Stage of Life

Think about the age and health of the people you are appointing. Will they have the energy and capacity to raise children to adulthood? Similarly, if you appoint someone much younger, would they be ready to take on such a significant responsibility? Do your chosen legal guardians have children of their own, and would the addition of your children create practical and administrative difficulties?

Parenting Style and Values

Every family has its own style of parenting. You may want to choose legal guardians whose values, beliefs, and parenting approach align closely with your own. It’s worth having an open conversation with potential legal guardians to discuss everything from education to discipline to religious beliefs. You can also note down your wishes in a side letter addressed to your chosen legal guardians. If your wishes change in the future, you can update the side letter.

Existing Relationship with Your Children

Do your chosen legal guardians already have a relationship with your children? Ideally so as your children will find it much easier to adjust if they are cared for by someone they already know, love, and trust.

Willingness to Take on the Role

Although obvious it should be stated that you should not appoint a legal guardian without speaking to them first. Being a legal guardian is a significant emotional, practical, and financial commitment. Make sure that your chosen legal guardians are willing, happy and able to accept the responsibility. This should be reviewed periodically if circumstances change for either you, your children or your chosen legal guardians.

Financial Responsibilities of a Guardian

Appointing a legal guardian isn’t just about who would care for your children, it’s also about how that care would be funded.

Typically, the legal guardian isn’t expected to shoulder the financial burden of raising your children themselves. Your Will can be used to set up trusts, appoint trustees, and give clear instructions about how your assets should be used for your children’s benefit. This could cover everything from school fees and extracurricular activities to day-to-day living expenses.

It’s also sensible to check if you have life insurance policies or death-in-service benefits through work that could provide extra financial support. Good estate planning ensures that your chosen legal guardians have the resources they need to raise your children without financial strain.

If you have young children and wish to protect their future by preparing your Will and discussing the appointment of legal guardians, please do get in touch with our Wills, Trusts and Probate team who will be more than happy to help.

Email: [email protected]
Phone: 01256 460830