11 December 2024
While most parents naturally wish to safeguard their children, a crucial consideration arises: who will provide care and support for your child or children under the age of 18 in the event of your passing?
Upon a child's birth, a mother automatically assumes parental responsibility, with a father in a marriage or civil partnership also sharing this responsibility. For children born after December 1, 2003, an unmarried father listed on the birth certificate also gains parental responsibility.
However, circumstances may arise where both parents with parental responsibility (or the sole parent) pass away, necessitating the appointment of a Guardian. One effective way to communicate your preferences for potential Guardians is by specifying them in your Will. These appointed Guardians could seek a Child Arrangement Order or Special Guardianship Order to determine the primary residence for the child or children. In the absence of appointed Guardians, a Court will decide their care upon your death if they are under 18, potentially deviating from your desired choice.
Additionally, a letter of wishes can provide valuable guidance for Guardians, offering insights into your preferences, such as educational desires and even personal likes and dislikes of your child or children
Our knowledgeable colleagues in the Family Law Department can offer guidance on the various application processes open to extended family members seeking Guardianship.
Should you have queries about appointing Guardians in your Will, please reach out to our Wills, Trusts, and Estate Planning Department. We are here to provide assistance and help you achieve peace of mind.
