Do I have to appoint Guardians?

If you have minor children (who are under 18 years) then it is very important that you appoint guardians for them in your will. Guardians will look after your children and have responsibility for them until they are 18. If you do not have guardians, then immediate parental responsibility will be with the Local Authority and it will be up to them to decide who will look after your children. Many people mistakenly believe that the children will automatically be placed with family members, but this is not the case.

When choosing a guardian, it is very important that you choose someone you trust. Most people will leave this duty to their spouse initially, but, if this is either not practical or plausible, it is recommended that you find someone you know can handle the duties of being a guardian. This is often a close family member or family friend. You must discuss this with the person you are nominating as a potential guardian before writing them into your Will. You may also consider whether it would be appropriate to appoint your guardian as a trustee as well to ensure they have a voice in the financial decisions.

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