1 in 30 parents pass away before their child is 18.
Sorry to start this on a gloomy note, but this stat demonstrates the importance of appointing a guardian for your child(ren). We recently wrote an article after many My Last Request clients asked if they need a will, and why it was important?
We discussed what a will is, associated costs, things to think about when planning a will and what happens if you choose not to make one…worth a read (even if we do say so ourselves)!
When writing a will, you don’t just decide how your estate is divided up; there is more to consider. If you have children, you will also have a say as to who should look after them. If your children are under 18, you can appoint their legal guardians.
Lots of people don’t consider this, as it’s something no one (understandably so) wants to contemplate, where their children are concerned.
If you don’t detail these instructions, the decision about who takes legal guardianship could be left to the family courts. This has resulted in many disputes from wider family, and what if the courts choose a person you wouldn’t agree with?
There are things to consider when choosing a suitable guardian for your children:
- Location – where do they live? Would it require your child/children being moved schools, away from friends and familiar surroundings?
- Values – are there any religious or cultural values to consider? Would theirs reflect your teachings and values?
- Relationship – does your child/children already know and get on with this person?
- Their family – do they already have children themselves? Could they be responsible for your child/children too? Do they have a career which would affect this due to time?
Won’t the care of my children just default to my next-of-kin?
It is not enough to have a verbal agreement with a friend or family member; even your godparents are not legally-binding. If your child(ren) have no living parent and you have not appointed legal guardians, anyone can apply for custody to the court.
I live with my partner, but we are not married, will they become a guardian if I die?
This is a really important question and one we come across a lot. Mothers always have ‘parental responsibility’. Unless your partner has a parental responsibility of your children (married to the mum at time of the birth or listed on the child’s birth certificate), they will not automatically keep caring for them.
If you’re civil partners at the time of donor insemination or fertility treatment, you will both have parental responsibility.
There is lots of useful information around ‘parental responsibility’ on the GOV.UK site which is worth reading, too.
Can I choose anyone as a legal guardian for my children?
You can choose (or nominate) anyone to be a legal guardian, but it is ‘usually’ a close friend or family member. It’s advisable to choose just one guardian, unless they are in a couple and in which case choose two guardians.
You should also consider choosing the same guardian for all your children, so they don’t accidentally get split up from one another. This is something to consider if you child lives elsewhere or with a different family member.
The nominated guardian will only be called upon if both parents have passed away before the child is 18 years old.
What if my partner and I disagree on the choice of legal guardian?
In an ideal world we would all agree, but in a realistic world, we don’t. Technically you both can nominate different people. It is recommended that both parents nominate the same guardian in their wills, if they are separated.
That said, in the worst case scenario where no one agrees, it is better to have two different nominations rather than none at all. You can always change your mind at a later stage and reflect that accordingly. Moreover, consider the likelihood that both parents will die at the same time, too?
Think about financial planning too…
As well as saying who you would like to raise your children as a legal guardian, you should also consider making plans to provide financially for their future, too.
Whether you look to allocate money for their future education or as a future house deposit, or simply set out an amount you would like them to have each year; there are ways to ensure this happens.
For example, a trust is something you may consider setting up for your children; deciding when your children receive the money and what for. This type of arrangement helps give you some control and influence over what you will provide.
There are two ways to set up a trust: you can either establish it while you are still alive or leave instructions for it to be established when you pass away.
It’s also important to think about foster children or step-children, or any other dependents who rely on you for support. Your step-children may be a big part of your life, or even be your only children, but the law states that only spouses or blood relatives can automatically inherit if there is no will. If you have a will, you will need to include them in it.
Making a will is often the last thing on people’s minds when they are busy being a parent but if you die without a will it could lead to worry and uncertainty for your family and dependents.
These details (and much more) can all be recorded within a My Last Request Subscription too; and you can update these as often as you like, free of charge.