The importance of appointing guardians

A guardian is the person who will be parenting your children when you die.

If you do not appoint a guardian when making a will and the Will is called upon whilst the children are still considered to be "minors" in age i.e under 18 years old then matters can be complex particularly if there are large assets to be distributed.

If you should die without making a will and fail to select a guardian, the courts will decide who takes care for your "minor" children. The decision may be alrightbut selecting a guardian when making a will, will ensure that your children are looked after as you would have wished to do so. The court system does not know your children and can't have any understanding whatsoever of your wishes for them without stating who you want to be guardians by making a will.

If you have "minor" children at the point you are making a will naming a guardian for them is one of the most important considerations that as parents you will probably discuss with each other. This can be the sort of question that takes a lot of time to answer however you can always change your Will later to suit the childrens needs as they get older and it is often considered good practice to name a minimum of 2 guardians and maybe 2 substitute guardians.

Making a will is perhaps the most important legal document you will make. Without one, the courts and not you-decide what happens to your assets. They can even decide what happens to your children.

Forms to appoint legal guardians in accordance with section 5 of the Children Act 1989 are easy to obtain and can be completed whilst making a will and held in addition or alongside your will.