Who Looks After Your Children If You Die?

For many parents, one of the most important reasons for making a Will is deciding who would care for their children if they were no longer able to do so. A Will can be used to record your wishes and appoint guardians for children under the age of 18.
5

A guardian is the person you would wish to take responsibility for your children if both parents die before the children reach adulthood.

Including guardianship provisions in a Will allows you to make your wishes known clearly and formally.

While the court will always consider the welfare of the child, significant weight is often given to the wishes expressed by parents in a properly prepared Will.

Without clear arrangements, there may be uncertainty or disagreement between family members at an already difficult time.

Parents may also wish to consider practical matters such as where the children would live, financial provision, and whether the proposed guardians are willing and able to take on the role.

Making a Will allows these important decisions to be considered in advance rather than left unresolved.

For many families, appointing guardians is one of the most valuable protections a Will can provide.

FAQ

Can I appoint guardians in a Will?
Yes. A Will is the usual way to record who you would like to care for your children.
Is the appointment legally binding?
The court considers the child’s welfare first, but parental wishes are highly relevant.
What if there is no Will?
There may be uncertainty and the matter could require court involvement.
Should I ask guardians first?
Usually yes. It is sensible to discuss the responsibility with them in advance.

If you would like advice on appointing guardians or preparing a Will, MJV Solicitors provide clear guidance and transparent pricing.

Contact us today to discuss protecting your family’s future.