Children: The Importance of Appointing Guardians in Your Will
School’s Out: The Importance of Appointing Guardians in Your Will
When planning for the future, the thought of something happening to us is often uncomfortable, especially for parents. However, one of the most crucial aspects of estate planning is appointing guardians for your children in your Will. This decision can have profound implications for the wellbeing and stability of your children should the unthinkable happen.
In this blog post, we'll explore the importance of appointing guardians, considerations for making this decision, and the risks associated with not appointing guardians.
Why Appointing Guardians is Crucial
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Ensuring Stability and Care
Appointing a guardian ensures that your children are cared for by someone you trust and who is prepared to take on this responsibility.
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Avoiding Family Disputes
In the absence of clear instructions, family members might disagree about who should take care of your children, leading to conflicts and the potential of prolonged legal battles. By specifying a guardian in your will, you can minimise the risk of disputes and provide clear guidance to your family.
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Maintaining Continuity in Your Children’s Lives
Choosing a guardian allows you to consider factors such as the guardian's values, lifestyle, and relationship with your children. This can help maintain a sense of continuity and stability in your children’s lives, which is especially important during a time of significant emotional upheaval.
Considerations When Choosing a Guardian
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Shared Values and Parenting Style
It is important to consider selecting someone whose values, parenting philosophy, and lifestyle align with your own. This increases the likelihood that your children will be raised in an environment similar to the one you would provide, thus giving you greater peace of mind for the future.
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Age and Health of the Guardian
Consider the age and health of potential guardians. Whilst your parents might be an immediate choice, their ability to care for young children as they age should be taken into consideration.
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Practicality
Should your preferred guardian not live locally, you may wish to consider how practical a decision this will turn out to be, as either your guardian or your children will have to move to accommodate the other. Equally, it is important to consider the existing relationship between the potential guardian and your children. Someone who already has a good relationship with your children can be of huge benefit in such a challenging time.
The Risks of Not Appointing Guardians
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Court Decisions
If no guardian is appointed, the court will step in to make this decision. While the court aims to act in the best interest of the child, the result might not align with your preferences or wishes.
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Family Conflicts
Without a clear directive, family members may end up in contentious disputes over who should become the guardian. This can lead to strained relationships and additional stress for your children.
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Unprepared Guardians
Someone who steps in as a guardian without prior discussion or preparation might not be fully equipped to handle the responsibilities, which can impact the quality of care your children receive.
Harry Mellors, Solicitor
Probate, Wills & Trusts team
Lawson West Solicitors, Leicester
For a number of reasons, it is vital to consider guardianship when making your Will.
If you would like to discuss your Will and /or the appointment of guardians within this, please do not hesitate to Contact Us.
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