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.

If you have children under 18, your Will can be used to appoint someone you would want to act as their guardian if you die.

This is an important decision because a guardian can take on responsibility for your child’s care where the appointment takes effect.

The legal position depends on the circumstances, including who has parental responsibility at the time of death. A guardian appointed in a Will does not automatically override the rights of a surviving parent or anyone else who already has parental responsibility.

Making your wishes clear in a Will can still be extremely important. It gives formal evidence of who you would want to care for your children and can help reduce uncertainty if difficult decisions need to be made.

You should think carefully about who you appoint, whether they are willing to take on the role, and whether they are likely to be able to care for your children in practice.

A Will can also deal with who should manage money or assets left for your children until they are old enough to receive them.

At MJV Solicitors, we help parents record their wishes clearly and make sure the wider Will works properly alongside those arrangements.

For more information about making or updating a Will, read our complete guide to Wills and Estate Planning.

FAQ

Can I appoint a guardian for my children in my Will?
Yes. A Will can be used to appoint a guardian for children under 18, although whether the appointment takes effect immediately depends on the family circumstances and who else has parental responsibility.
Does the guardian I name in my Will automatically get custody?
Not necessarily. The legal position depends on who has parental responsibility and whether another parent or guardian survives. The court’s overriding consideration is the child’s welfare.
What happens if I do not appoint a guardian in my Will?
There may be no formal record of who you wanted to care for your children. If there is no surviving person with parental responsibility who can care for them, the court may ultimately need to decide what arrangements are in the child’s best interests.
Should I speak to the person before naming them as guardian?
Yes. It is sensible to discuss the role with them first so they understand the responsibility and are willing and able to take it on.
Who gets the rest of your estate explained by MJV Solicitors

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.

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