Appointing a Guardian to your Children in your Will

30 March 2009

Did you know that if you are a parent, you may appoint in your Will a person or persons to be the guardian of your child in the event of your death? By appointing a guardian you are giving that person the same parental rights and responsibilities in relation to your child that you have as a parent. Importantly, a guardian acts as the legal representative of the child.

You don’t have to state in your Will that you wish a surviving spouse or partner to be your child’s guardian, if that spouse or partner already has parental rights and responsibilities. But you may wish to nominate a guardian if, for example, you are a single parent, or perhaps you have thought about who you would like to look after your child in the event that you and your spouse both die together in an accident. When making the decision to appoint a guardian in your Will, you should have regard to the views of the child, where practicable, and also the views of any other person who has parental rights and responsibilities. You should be aware that the rights of a guardian exist along with the rights of a surviving parent or any other individual with parental rights and responsibilities. And, for any appointment to be effective, it must be in writing and signed by the parent who has parental rights and responsibilities at the time his or her death.

If you are interested in making a Will and, or, wish to discuss the matter of nominating a guardian in your Will, why not contact Kathleen Simmonds at the office. Kathleen will be able to discuss matters and talk through any issues with you, given your specific circumstances.

Contact Kathleen Simmonds on 0141 229 0880

You may wish to nominate a guardian in your Will but be unsure of your status regarding parental rights and responsibilities. This can arise because family relationships can be complex or fragmented in nature. If you have any issues and require assistance in this area, why not contact Gus Macaulay in our office who is our experienced family law practitioner.

Contact Gus Macaulay on 0141 229 0880

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