Legal Guardians

If you have children under the age of 18, your Will is the place where you can appoint legal guardians. These are the people who would take responsibility for your children if you were no longer able to care for them.

Choosing guardians is one of the most important decisions you can make in your Will. It allows you to decide who will raise your children, rather than leaving that decision to the courts and social services.  Without a named guardian, there may be uncertainty or even disputes about who should take on this role and even if there wouldn't be, Social Services will need to vet anyone who comes forward to take your children in … which takes time, and the children may need to be taken into care whilst this happens. 

When appointing guardians, it’s important to consider factors such as their values, lifestyle, location, and willingness to take on the responsibility. It’s also advisable to discuss your wishes with them in advance, so they understand what would be expected.

You can appoint more than one guardian and include backup options in case your first choice is unable to act. Your Will can also include guidance on how you would like your children to be raised, although this is not legally binding.

➡️ Now let's consider what happens to assets if there is no Will in place - the rules of intestacy