UK Guardian - Why Appoint a Child Guardian or Establish Child Trust Fund

A child loses a parent every 30 minutes on average in the UK. If you have children under the age of 18, you should name at least one Guardian in your Will to care for them in the event of them being left without any parents.

If the worst happens in addition to having to deal with the loss of the parent or parents the child is also faced with other losses, brought about by the change in circumstances. Your child or children may find that they are faced with moving house or changing school, with the resultant loss of friends and familiar surroundings.

Whilst it is not possible to protect children entirely from these losses, it is possible to take steps to ensure that the devastation caused by the death of a parent is not compounded by legal and financial complications and uncertainty about the child’s future care.

Although it can be upsetting to consider what would happen to your child after your death, to make plans for his or her future security is an act of caring that we are sure any parent would want to ensure.

Since a Guardian takes the place of a parent, you should choose someone who can offer the best care for your children. The Guardian can also be one of your Executors. You may also appoint substitute Guardians should your original appointees be unable, for whatever reason, to act.

Normally - and especially where very young children are involved - you would appoint family members. However, sometimes - particularly if your children are more grown up - the appointment of friends may be more appropriate as they are more likely to share your lifestyle or live nearer than your family.

It goes without saying that you should always check with your proposed Guardians in advance to be certain they are willing to act.

What will happen to your children when you die?

This depends on your particular circumstances and the plans that you have put in place. If there is no surviving parent with parental responsibility, and no appointment of a Guardian has been made, then the child becomes the responsibility of the Court.

For many the prime purpose of a Will is to ensure adequate provision for children and other dependants.

Until such time as the Court appoints a Guardian, the child may be taken into care. In contrast, if a Guardian has been appointed, then responsibility for the child’s care passes on the second parent’s death to that Guardian, subject to court approval.

Collective Legal Solutions can establish as part of your will, trusts for Children, Disabled People, Pets and other forms of discretionary trusts. These trusts can be set-up in such a way that you can define when your children will be able to access the money within the trust fund.

With discretionary trusts absolute discretion as to when assets are given out and to whom lies with the trustees.

We can also include nominated Guardians for your children within your will. If you have children under the age of 18 you should appoint a Guardian or Guardians. They could be appointed to act on your death or only once you and your partner have both passed away. To see how we can help ensure your children get the Guardians you would wish and establish a child trust fund.

To make sure your family is protected please give us a call on , we can arrange a free in home consultation without obligation. You will be glad you did and so will your family.

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