Why every parent should have a Will
A Will is a document that controls what happens to an individual’s estate on death by setting out their specific wishes. A Will can also be used to make sure that children are appropriately cared for, physically and financially, in the event that a parent passes away. A Will can also be used to ensure that minor children inherit at an appropriate age to ensure that young adults do not inherit ‘too much, too soon’.
Parents can also use Wills to set out who they wish to appoint to be the guardian(s) of their children. Parents can appoint more than one guardian to act together and substitute guardians if the first guardian is unwilling or unable to take on responsibility for the children. A letter of wishes can also be prepared and stored with the Will, providing guidance to the guardians on how the parents would like the children to be raised.
If there are no Wills in place and both parents pass away, then only the Court can appoint a guardian. This could lead to family disputes, custody battles, and possibly foster care. There are rules about appointing guardians and formalities to be complied with. Where such an appointment occurs within a Will, this is likely to help show that the rules have been complied with and that the appointment of the guardian is valid.
Contact Warners Solicitors on 01732 770660 to find out more about how they can help you plan for your family’s future.
The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice.