09/06/2026
๐จโ๐ฉโ๐งโ๐ฆ ๐ช๐ต๐ฎ๐ ๐๐ฎ๐ฝ๐ฝ๐ฒ๐ป๐ ๐๐ผ ๐ฎ ๐๐ต๐ถ๐น๐ฑ ๐ถ๐ณ ๐๐ผ๐๐ต ๐ฃ๐ฎ๐ฟ๐ฒ๐ป๐๐ ๐๐ถ๐ฒ?
It's something no parent wants to think about, but planning ahead can make an incredibly difficult situation much easier for your children and loved ones.
โ๏ธ ๐๐ณ ๐๐ผ๐'๐๐ฒ ๐ป๐ฎ๐บ๐ฒ๐ฑ ๐ฎ ๐ด๐๐ฎ๐ฟ๐ฑ๐ถ๐ฎ๐ป ๐ถ๐ป ๐๐ผ๐๐ฟ ๐๐ถ๐น๐น
A properly appointed guardian in a valid will can usually take over parental responsibility for your child if all those with parental responsibility have passed away. Naming a guardian helps provide clarity, stability, and reassurance about who would care for your children.
This is one of the most important reasons parents should have a will in place.
๐๏ธ ๐๐ณ ๐ป๐ผ ๐ด๐๐ฎ๐ฟ๐ฑ๐ถ๐ฎ๐ป ๐ต๐ฎ๐ ๐ฏ๐ฒ๐ฒ๐ป ๐ฎ๐ฝ๐ฝ๐ผ๐ถ๐ป๐๐ฒ๐ฑ
If there is no valid will naming a guardian:
โข Children's Services may become involved initially to ensure the child's immediate welfare.
โข Family members such as grandparents, aunts, uncles, or adult siblings may be considered as carers.
โข If there is disagreement about who should care for the child, the Family Court may need to make a decision based on the child's best interests.
The court's primary consideration is always the welfare of the child. โค๏ธ
๐ท ๐ช๐ต๐ฎ๐ ๐ต๐ฎ๐ฝ๐ฝ๐ฒ๐ป๐ ๐๐ผ ๐ฎ ๐ฐ๐ต๐ถ๐น๐ฑ'๐ ๐ถ๐ป๐ต๐ฒ๐ฟ๐ถ๐๐ฎ๐ป๐ฐ๐ฒ?
If both parents pass away:
โข Assets may pass according to the terms of a will or, if there is no will, under the rules of intestacy.
โข Any inheritance for a minor is typically managed by trustees until the child reaches the age at which they become entitled to receive it.
โข Trustees are responsible for managing those funds on the child's behalf.
๐ก ๐ช๐ถ๐น๐น ๐ฎ ๐ฐ๐ต๐ถ๐น๐ฑ ๐ด๐ผ ๐ถ๐ป๐๐ผ ๐ฐ๐ฎ๐ฟ๐ฒ?
In many cases, suitable family members are able and willing to care for children following the loss of their parents. Foster care is generally considered only where an appropriate family arrangement cannot be made.
โ๏ธ ๐ฆ๐๐ฒ๐ฝ๐ ๐ฝ๐ฎ๐ฟ๐ฒ๐ป๐๐ ๐ฐ๐ฎ๐ป ๐๐ฎ๐ธ๐ฒ ๐๐ผ๐ฑ๐ฎ๐
โ
Make a valid will
โ
Appoint guardians for your children
โ
Consider life insurance to provide financial security
โ
Leave a letter of wishes to guide loved ones
โ
Keep important documents organised and accessible
No one likes to think about these situations, but careful planning today can provide certainty, protection, and peace of mind for the people who matter most. ๐
If you'd like advice about appointing guardians in your will, we're here to help. Do It Legally: life-shaping legal documents and services