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WILLS - Appointing Guardians - a difficult decision (maybe) but vitally important!
22 March 2011
It can be difficult to think about your death and the effect that it will have on those you leave behind. For many parents appointing guardians for their children is not easy but it is an important step to ensuring peace of mind. Guardians will have day to day care of the child and will make decisions about their general upbringing, including decisions about their education and welfare.
If you have children under 18 it is possible to appoint one or more persons to be guardians in the event of your death. The appointment will take effect on the death of the only surviving person with parental responsibility for the children.
For divorced parents the issue of guardianship can be especially hard. Where parents are divorced, each will have parental responsibility even if the child or children normally live with one parent or there are residence orders and contact orders in force. If one parent appoints somebody different to act as guardian then then both guardians will have parental responsibility which can lead to conflict. If agreement cannot be reached, the court will resolve any disputes about these issues.
Our team of Trust and Estate solicitors have a wealth of experience in this area. If you would like to make a will please contact the Trusts and Estates Team on 01372 860 650 .
Elsie Lyford, Solicitor
