The Role of Guardians in Your Will

When considering future planning, for parents their immediate concern is the wellbeing, safety, and security of their child or children. The role of a guardian is vitally important.

For many, a Will focuses on the financial affairs and estate of a deceased person. In fact, a Will should cater for a range of wishes including the provisions for dependents after your death.

Providing for those loved ones while you’re alive will top your priority list, so you certainly wouldn’t want to do anything less when you’re gone.

You can do this by utilising guardians to safeguard and raise your children. One of our dedicated legal professionals, Chloe McCall, discussed a sensitive subject that shouldn’t be left until later to arrange.

The benefits of having guardians in your Will

“When deciding to nominate guardians in your Will, you can choose who will take over your parental role and bring up your child as you would wish,” said Chloe.

“You know your child best and where they will feel most comfortable and at home without you. By using this option in your future planning, it ensures your wishes are carried out with minimum upheaval to your child as they adjust to a life without you around.

“Having that familiar presence may well deliver much needed support for the child and ease the transition.”

Things to consider with guardianship and Wills

“A guardian may decide after your death that they no longer wish to act,” continued Chloe.

“The best way to avoid this happening is to always have a substitute guardian and remember to have honest conversations now and make sure everyone is happy with the arrangements.

“Remember to review this from time to time. Life changes and people involved in your child’s life will change. It’s important your Will reflects the most recent developments and intentions on all fronts.

“It’s important to note that if someone else shares parental responsibility then appointing guardians will not change this and any guardian does not have an obligation to financially support a child from their own resources, even if the likelihood is they would do their best to support the child financially and emotionally.

“With this in mind, it is essential to discuss with a nominated guardian if they would be prepared to support the child financially and if adequate provisions need to be mentioned in your Will to support the guardian financially as they care for the child.”

Do you need to use a Will to indicate a guardian preference?

“No,” said Chloe.

“However, the appointment must be made in writing, dated, and signed by the person making the appointment and so most people tend to include this in their Will as if you do not make a Will or appoint guardians or substitutionary guardians, then the decision will be left to the Court to decide where your child should live after your death.

“This may not necessarily be with people you would have chosen or whose views on upbringing you agree with.

“Your child may also need to spend a period of time in care whilst this decision is being made.”

Substitute provisions

“Remember to always leave alternatives, or substitutes as we call them,” adds Chloe.

“Don’t put all your eggs in one basket as they say! Leave an alternate guardian in case the first named person(s) cannot act or have had a change of heart and no longer wish to assume the role.”

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