A Five Part Series to Reviewing & Updating your Will: Part 2 – Children.

If I had a pound for every time I was told “I don’t need a Will, I don’t have much to give” then I would have quite a few more pounds in my pocket! But, there are a number of other benefits to having a Will, namely, our precious little ones. You may have heard terminology such as ‘putting provision in placed for loved ones’. Essentially, what that means is to make sure our loved ones are taken care of, whether that be financially or otherwise.

Have you heard of a Guardianship Clause?

Whether you are married to your co-parent, a single parent having no contact with your child’s other parent, or anything in between, a Guardianship Clause should be considered to ensure that your wishes as to who would care for your child when you die are taken into account.

If no surviving person with Parental Responsibility exists then the Courts would need to appoint a Guardian. Which is why a Guardianship clause could help the Courts in placing your child into the care of somebody familiar to them.

Who Should be a Guardian?

Guardians don’t have to be god-parents or family. In fact, there isn’t a prescribed formula to identifying the most suitable person to appoint as a guardian, as long as they are over the age of 18.  If the guardian agrees to the appointment, should it come to that, and they are a friendly and familiar face to your little one, they just might fit the bill. It isn’t a requirement, but my specific advice would always be to appoint more than one guardian in case the first one is unable or unwilling to act when (or if) the time comes. I would also suggest that you have a conversation with the guardian before naming them – otherwise it might be a bit of a surprise.

What Else Can I Do?

 Adding a guardianship clause into your Will provides for a caretaker of your child until they are 18, but that appointment is for the child’s Welfare only. With that in mind, there should also be some planning for financial provision for the care of the child, which can also be written into your Will. This type of planning will materialise in different ways for different people, which in some instances may include trust planning, and professional advice should be sought to discuss what is best for your personal circumstances.

#TeamTassells has an abundance of specialist experience in Private Client matters. For more information about how we can assist you, contact a member of the team on 01795 533 337.

This blog was written by Jack Gould, Paralegal – jackgould@tassells.law.