Guardianship - Have you Protected Your Children?

Uncategorized Dec 03, 2017

We never know what's around the corner and really don't want to think about what would happen if we died suddenly.

If you have children, you might have already thought about who would care for them if you were not around.

It might be that your partner would care for them, which is great, but what if they are not your partner's natural children and their biological parent is no longer a part of your life?

It's entirely possible that in the event of your death they could return to the scene demanding custody of their children, thus taking them away from the family home and your partner who may have been caring for them with you for many years.

Nobody can sever the biological ties that exist between parent and child, but not all parents are the best carers for their own children. This could be due to alcohol and drug misuse, or perhaps illness or behavioural issues, or a number of other reasons.

The point is, that as the main parent you can express your wishes for guardianship as part of your Will. In your Will you can outline exactly what you wish to happen to your children should you die. It could be that you feel that the grandparents should take your place, or your current partner. Either way, you can express your wishes in your Will and these would be taken into account should the time come. Of course, if Social Services are involved, then the wishes of the children would always be taken into account as would the suitability of any other biological parents or close relatives.

You can also use your Will to also outline any financial provisions you wish to make for the future of your children, such as an amount of money for a car, or university fees etc.

When a family has children the parents should always include provision for the guardianship of the children if only to avoid confusion and potential family disputes later on.

We can help with guidance on the wording for guardianship matter in your will, so please get in touch if you need any help.


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