Making Care Provision for your Children
If you have children under the age of 16, it is important to take time to consider who would be responsible for their care and interests in the event of your death. A surviving parent would normally continue to have full responsibility for their children, but if your children are orphaned, before they reach 16, and you have not nominated Guardians, the courts will do so instead without knowing your wishes. By appointing Guardians for your children, you can ensure that they are looked after by those that you have chosen as the best qualified to do so.
Appointing Guardians
To appoint Guardians for your children, you must name them in your Will. It is possible to appoint just one Guardian, although most people choose two, typically a married couple and you should approach them beforehand to confirm that they are willing and able to take on this responsibility. Alternative or substitute Guardians may also be appointed to take their place in the event that your intended Guardians fail to survive you. It is only possible to appoint Guardians in your Will if you are the child’s parent at the date of your death and that you are entitled to act as their legal representative.
Choosing Guardians
You should not choose individuals to be Guardians simply because you feel that they would be offended if you did not. You should appoint those who would be best suited to bringing up your children, willing to accept the responsibility of looking after them on a long-term basis and able to offer a stable environment.
The Role and Responsibilities of Guardians
In the event of your death, a Guardian becomes responsible for making decisions about the upbringing, education, health and welfare of your children. It is often useful to appoint Guardians as the Trustees for any property which may be held in Trust for your children, and it can be useful to also appoint a Trustee who is not related to the Guardians, for example your solicitor or accountant. Not only will this give objectivity and guard against conflicts of interest, but it may also provide the Guardians with support in handling the financial and legal aspects of a Trust.
Changing Guardians
It may become necessary to change your appointed Guardians if, for example, they are no longer able or willing to take on the responsibility or have moved abroad or far away. It is possible to change your appointed Guardians in one of two ways; either by writing an amendment to your Will known as a “Codicil” or by appointing in your Will alternative Guardians.
Ruthven Gemmell
ruthven.gemmell@murraybeith.co.uk