Why every parent with children under the age of 18 should have a Will in place.
For parents, raising children is a journey filled with daily decisions, milestones, and planning for the future. Yet, one of the most critical aspects of long-term planning is often overlooked —what would happen to your minor children if the unthinkable were to happen? .
If you havehave children under the age of 18, drafting a legally valid Will is the only way to officially appoint guardians to care for them.
Without a Will, the State decides.
Many parents assume that if something happens to them, automatic family arrangements will kick in, or that close relatives will simply step in.
Under UK law (specifically the Children Act 1989), this is not guaranteed.
No Automatic Right:
Grandparents, aunts, uncles, and adult siblings do not have an automatic legal right to guardianship.
Local Authority Intervention:
If parents pass away without appointing legal guardians in a Will, Social Services and the Family Courts must step in to decide who will raise the children.
Cost and Delay:
Resolving guardianship through the courts can take months, creating immense emotional distress and financial uncertainty for grieving children and family members at an
already devastating time.
Key Benefits of Appointing Guardians in a Will
1. You Control the Choice:
You choose the people who share your values, parenting style, and environment, ensuring your children are placed with someone you trust completely.
2. Legal Certainty:
A properly drafted Will provides clear, unambiguous legal instructions that prevent costly family disputes or competing claims in court.
3. Provision for Financial Support:
Appointing a guardian goes hand-in-hand with establishing Trusts in your Will. This ensures that the chosen guardians have legal access to funds specifically designated for
your children's upbringing, education, and living expenses.
Practical Steps for Parents
Draft a Formal Will:
Ensure your Will is properly executed and witnessed in accordance with the Wills Act 1837 to ensure its validity.
Talk to Your Chosen Guardians First:
Always discuss your wishes with your prospective guardians beforehand to confirm they are willing and prepared to take on the responsibility.
Appoint Substitute Guardians:
Consider naming backup guardians in case your primary choice is unable or unwilling to serve when the time comes.
Review Regularly: Update your Will whenever your family circumstances change—such as the birth of another child or changes in your intended guardians' personal lives.
Special offer from Thy Will Be Done
Because we think this is so important we will provide a basic Will for any parent of a child under the age of 18 for just £75 inc v.a.t.
Give us a call FREE on 0800 664 11 67 to put this valuable protection in place and remember - appointing a guardian is not about anticipating the worst; it is an act of ultimate care and protection. Taking the time to put a Will in place ensures that your children’s future remains safely in your hands, no matter what.