Guardianship and Wills

No parent wants to imagine dying while their children are still young. But by facing that possibility head-on, you can make sure your children are cared for by the people you trust — not strangers or the court system.

At Simon Hall Will Writing Services, we help parents make the most important decision in their will: appointing a guardian to care for their children if the worst were to happen.

What Happens If No Guardian Is Appointed?

If both parents pass away without appointing a guardian in their Will, the court becomes responsible for deciding who will care for the children. This could mean:

• Temporary foster care while the court investigates

• Delays, confusion, and potential disputes between family members

• A judge making decisions without fully knowing your wishes or your child’s preferences

Even if you assume a family member would naturally step in, there is no legal presumption that they would be given custody.

Appointing a Guardian in Your Will

If you have parental responsibility, you can legally name a guardian for your children in your Will. This ensures:

• Your children are cared for by someone they know and trust

• Your chosen guardian gains legal responsibility immediately

• Your family avoids unnecessary legal battles or delays

We can guide you through every step of this process and include guardianship instructions in your Will.

What Should You Consider When Choosing a Guardian?

Choosing a guardian is a big decision. We’ll help you think through:

• Who your children trust and feel safe with

• Whether your chosen guardian has the capacity to take on the role

• Where they live and whether relocation would be needed

• Your values around education, healthcare, religion, and lifestyle

• Whether to discuss your plans with your children (depending on age and maturity)

We’ll also advise you on how to talk to your chosen guardian and what they need to know.