Graysons Solicitors In The Press

Children under 18? Find out what you can do to protect their future

I don’t need to make a Will at my age, do I? This is a common response from people under 40 when presented with the idea of making a Will. The answer, particularly for those with children under 18, is a definite yes; and the reason is guardianship of your children.

Who would look after your children if the worst case scenario happened and both parents passed away together? Whilst it is likely that family members or friends would step in to help, the ones who are willing may not always be the ones you would choose. In cases where guardians have not been appointed by the parents this can lead to disputes between family members. Tug of love situations between two sets of grandparents or other family members can arise which can often only be resolved by resorting to the courts for a decision. This is in no-one’s interests and is easily avoidable. A little planning now can ensure that your children will be looked after as you would wish, and by the people you would prefer.

A Will enables you to appoint guardians to be responsible for looking after your children in the event of your death. Any adult can be a guardian, and choosing the right people needs careful consideration. Whist family members are often the most willing to step in, consideration needs to be given to many factors, including their age, health and financial circumstances. For example, is an elderly grandparent going to be able to look after your young children until they reach the age of 18?

In many ways the ideal candidates may be people of a similar age to you who already have children of their own. Taking over responsibility for additional children is often less of a dramatic life change for them than it may be for others who have no children or whose children have grown up and left home long ago. Of course the people you nominate need to be willing to take on such a large responsibility and you should talk to those involved before adding them to your Will.

Another practicality often overlooked by young couples is that unmarried partners and step children have less legal standing and can lose out badly where no Will is made to provide for them. If you are in either of these situations it is critical that you make a Will. A good lawyer will take the time to discuss your circumstances and ensure that you have included all the necessary provisions to provide for your loved ones.

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