If you have children under the age of 18 we strongly advise that you use your Will to officially appoint guardians in the event of your death. They will raise your children and provide for them financially. We understand that this can be one of the most difficult decisions you face when writing a Will, however this is the only opportunity to officially nominate someone. Failure to make the necessary appointment could result in a court making this decision for you.

When appointing Guardians it is important to remember:

  • You should appoint someone who is unlikely to be elderly or infirm by the time that your youngest child attains his or her majority.
  • You should always seek the Guardian’s consent before you consider appointing them.
  • If you are separated or divorced and the other parent has parental responsibility, the appointment for a Testamentary Guardian will not come into effect until the surviving parent dies.

You should also be aware, if a mother is not married to the child’s father, or the father’s name is not on the birth certificate, then the law does not give him any rights as a parent or guardian should the mother die first. The mother would need to appoint the father as the first chosen guardian within her Will.