Safeguard your children

One of the most effective ways to ensure the well-being of your children in the unfortunate event of your passing is to legally appoint a guardian in your will. A guardian is the person who will take care of your minor children’s day-to-day needs, make important life decisions for them, and manage any inherited assets.

• Talk to the individuals you’re considering to be guardians to ensure they are willing and able to take on the role.
• While some people opt for do-it-yourself wills, consulting with an attorney is generally advisable, especially when minor children are involved.
• Your attorney will help you draft a clause in your will that specifies the appointed guardian. It may also outline any wishes you have regarding the upbringing of your children.

Not including a guardian clause in your will can lead to a range of problems, especially if you have minor children.

• In the absence of a specified guardian in your will, the court would have to appoint one. This process can be time-consuming and stressful for the children.
• Without clear instructions, family members might disagree on who should take care of your children, leading to potential legal disputes or strained relationships within the family.
• The court might appoint a guardian who doesn’t know your children well or share your parenting philosophy, potentially leading to an uncomfortable or even harmful living environment for the children.
• In extreme cases where a suitable guardian cannot be found or agreed upon, the children could end up in state custody or foster care temporarily, which can be emotionally traumatic.
• Court processes can be slow, and during the interim period, your children might not have a stable living environment.
• The appointed guardian might not be someone you would have chosen, which could lead to your children being raised in a manner or faith contrary to your own wishes.
• Legal proceedings to determine guardianship can be expensive, reducing the financial resources available for your children’s care.

• Your attorney will help you draft a clause in your will that specifies the appointed guardian. It may also outline any wishes you have regarding the upbringing of your children.
• Keep the original will in a safe place – we advise you to become a member of Simple Family Law and store it safely on our encrypted cloud-based platform.
• This also allows you to automatically send it to certain relatives you define, in case you pass away before one or more of your children are 18 years old.

Once you’ve added the Guardianship Clause for your children to your will, that part of the will—as well as the will as a whole—will be valid under UK law – assuming you’ve had it drafted by a legal professional.

It’s advisable to consult a legal professional to ensure that the guardianship provisions are clear, specific, and in line with your intentions, as well as to ensure that the entire will meets all legal requirements.