Writing the best Will for your children - Guardianship

When you have children, your priorities shift — their safety, well-being, and future become your greatest concern. While it's not always easy to think about, writing a Will is one of the most responsible steps you can take to protect them should the unexpected happen.

A key part of this is guardianship. By clearly naming who you would want to care for your children if you were no longer around, you remove uncertainty and ensure the right people are chosen to raise them. Without this, the decision could be left to the family courts — and may not reflect your wishes.

Appoint guardians and protect your children’s future by writing a clear, legally binding Will.

Below we share key point on how to write a Will with guardianship in mind, why it matters, and how to make sure your children are protected no matter what the future holds.

Appoint a guardian

You should reflect on who you would want to look after the children if you or your partner were to die. Failure to pick a guardian will result in your local authority deciding. And whilst they tend to prefer immediate family, this does not automatically happen.

The appointment of a guardian ends automatically when your children reach 18. Most people usually nominate more than one guardian, or at least a substitute, in case the first is unwilling or unable to take on the role. A brief word about age — whilst it may be an excellent idea to make the children’s grandparents their guardians, they may not be able to take on the role (as much as they would like to) if their increasing years prevent it.

As stated above, godparents do not have any legal rights. If you wish godparents to look after your children if you die, you must name them as guardians in your Will

Set out a plan for your children’s finances

Consider how you can make arrangements to cover the expenses of raising the children. We all know bringing up kids is an expensive game, so you should think about how your estate can cover these costs. When making a Will, you should feel confident that you have done all you can to ensure your estate will provide for your partner, children, and any other people who may bring them up after your death.

Providing for step-children and other dependents

Step-children will not automatically inherit from your estate unless you make a specific provision for them in your Will. This is also the case for other children you may care for, such as foster children, as well as any other adults that depend on you.

Trusts, pensions, or life insurance

If you have a pension scheme, life insurance policy, or any other type of asset held in trust, they will not automatically be passed down in a Will. If you want your children to benefit from any of these assets, you will need to contact each provider individually and nominate your children as beneficiaries.

Decide on the age they will inherit

Unless your will states otherwise, your children will automatically receive access to their inheritance at 18. Before this age, your children can still benefit from the estate but cannot manage it personally. The assets are held on trust and managed for the benefit of your children by a trustee.

For example, your child may receive an allowance from a cash fund but cannot withdraw money without the consent of the trustee. You may think that 18 is too young to be financially responsible; if so, you can set a higher age or put conditions on access. Many people opt for 21, and some even older than that.

Appointing trustees

To manage a trust, you will need to nominate a person you trust to act as the trustee. You should choose someone you believe will be the best person to safeguard the children’s assets and help plan for their future because the trustee is in control of your children’s finances.

Choosing only one trustee is not a particularly good idea. This is because there is a risk that a person could not be around, which means that rules dictate who will be appointed. The rules give priority to family members, so there is a real chance the person who is chosen may not be who you would prefer.

Consider family heirlooms

You may wish to consider making specific legacies to ensure particular items are passed on to your children, rather than divided amongst other family members ad hoc.

Writing a Will is a vital step for any parent who wants to ensure their children are protected, both emotionally and financially, if the unexpected happens. A key part of this is appointing a legal guardian—someone you trust to care for your children should you or your partner pass away. Without a Will, the courts could make this decision, and it may not reflect your wishes.

This guide highlight some really important aspect you need to consider when writing a Will with guardianship in mind. It covers how to appoint guardians, plan for your children’s financial future, provide for step-children and other dependents, and ensure any trusts, pensions or life insurance policies benefit your children appropriately. It also explains the importance of deciding the age at which your children should inherit and the role of trustees in managing assets on their behalf.

By taking the time to write a clear, legally valid Will, you can give your children the security they need and your loved ones peace of mind.