What provisions have you made for your minor children in the event of your early death?
Currently in the UK, only 67% of adults have a valid Will, and whilst not all of them will have needed to appoint Guardians for their children, it is certainly something that many of them will have considered. Deciding who you would like to bring up your children is not an easy, but the thought of knowing that someone you trust will be looking after them after you’re gone should certainly bring some comfort. After all, the alternative is letting social service and the Courts decide on their Guardians, something that any parent would wish to avoid!
The appointee will only become the child’s Guardian if, at the death of the Parent:
- No parent with parental responsibility survived them; or
- There had been a residence order in that parent’s sole favour relating to the child.
Without any Guardians in place, under Section 5 of the Children Act 1989 the Courts can appoint Guardians for a child if there are no parents with parental responsibility, i.e. not named on the child’s birth certificate. Guardians may also appoint a successor, unless this has been catered for in the parent’s Will.
It may seem obvious, but when appointing Guardians, you should seek consent of those you wish to appoint prior to naming them in your Will. The loss of a friend or family member can be shocking enough, without unexpectedly having to take on the responsibility of their children. Any assets or finances left to your children in your Will can be used to provide the Guardians with the means to financially support the children’s maintenance, education and benefit, while they are still minors.
Having appointed Guardians for your children, it is advisable to write a comprehensive ‘Letter of Wishes’, to lay out how you want your children to be raised. You might want to set out how you wish for your children to continue with certain activities such as music lessons, or after school clubs. You could include guidelines as to religion, or their education. It should however be remembered that a Letter of Wishes is just that; it is not legally binding and cannot be enforced, so it is very important when appointing guardians, that you choose somebody who will follow the wishes you have set out.
If you don’t have a Will, or have had children – or more children – since you last wrote one, you should take the time to get your affairs in order as soon as possible, as you never know what’s around the corner!
Heir Tight Wills helps clients put in place robust provisions and valid documents, to protect their loved ones and their assets both during their lifetime and after their death. For a FREE Consultation to discuss writing or updating your Will & estate planning provisions, contact Rachael Rodgers on 0845 519 7585, or CONTACT US via email.
