Wills
Appointing Guardians for Your Children
If you have children under eighteen, one of the most important reasons to make a Will is to appoint guardians.
A guardian takes on full parental responsibility if you die, meaning they make everyday parenting decisions as well as choices about healthcare, education and living arrangements.
Although everyone hopes guardianship is never needed, an appointment takes effect immediately on death, provided there is no surviving person with parental responsibility for your child.
Guardians must be over eighteen and can be friends or family members. When choosing someone, think carefully about their age, health, lifestyle, finances and relationship with your child. If you are considering older relatives, reflect on whether they could manage the practical demands of raising a child to adulthood.
Ideally, guardians should live in the UK. Appointing guardians who live abroad does not automatically give them permission to reside in the UK, nor does it guarantee your child could move overseas.
It is usually best to appoint a single person or a cohabiting couple in a stable relationship. Joint appointments of people who do not live together — such as siblings — can lead to practical difficulties and disagreements when sharing parental responsibility.
You should review your choice regularly in case circumstances change, and it is sensible to name a substitute guardian in case your first choice is unable or unwilling to act. Always speak to your proposed guardians before including them in your Will.
Financial Protection and Letters of Wishes
Ensuring your children are financially secure is just as important as choosing a guardian. Life insurance and a trust written into your Will are often the most effective ways to provide long-term support and peace of mind.
You may appoint between two and four trustees to manage your child’s inheritance. Trustees safeguard the funds, use them for your child’s benefit and provide financial support to the guardian when appropriate. A guardian can also act as a trustee, or you may prefer to keep the roles separate. For simplicity, many people choose the same individuals to act as executors and trustees.
Some parents also write a letter of wishes to accompany their Will. This document is not legally binding, but it gives guidance to guardians and trustees about how you would like your children to be raised and how trust funds should be used. For example, you might express wishes about family contact, schooling or education expenses.
We can help you prepare a clear and thoughtful letter of wishes to sit alongside your Will, ensuring your intentions are understood and respected.