
Guardianship
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.
Peace of Mind for You – Security for Them
Appointing a guardian gives you peace of mind, and gives your children the protection and stability they’ll need if the unthinkable happens. It’s not an easy conversation — but it’s one of the most important ones you’ll ever have.
We’ll help you do it with clarity, compassion, and care.
Frequently Asked Questions
What does appointing a guardian in a Will mean?
Appointing a guardian in your Will means legally naming the person you want to care for your children if you pass away while they are still under 18. This ensures your wishes are clearly recorded and legally recognised, giving your children stability and protection during an already difficult time.
What happens if I don’t appoint a guardian for my children?
If no guardian is named in your Will and both parents pass away, the court will decide who should care for your children. This can lead to temporary foster arrangements while decisions are made, as well as potential disagreements between family members. Appointing a guardian avoids uncertainty and ensures your voice is heard.
Who can I appoint as a legal guardian?
You can appoint a family member, close friend, or another trusted adult as your child’s legal guardian. It’s important to choose someone who shares your values and is willing to take on the responsibility. We always recommend discussing your wishes with them beforehand to ensure they are comfortable with the role.
Can I change the guardian named in my Will?
Yes. You can update your Will at any time if your circumstances change — for example, if relationships shift, your chosen guardian moves abroad, or your children’s needs evolve. Regular reviews of your Will help ensure your guardianship arrangements remain appropriate.
Do both parents need to appoint guardians in their Wills?
Where parents have parental responsibility, it is strongly recommended that both have valid Wills that clearly appoint guardians. This helps avoid confusion and ensures your wishes are legally documented.
Start with a Free Consultation
Your first step costs nothing – but it could mean everything to your family’s future. We’ll listen, answer your questions, and help you plan the legacy you want to leave.

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.
He was friendly and put you at ease and went through various scenarios of the will process and mentioned things which we probably hadn’t thought of.
Then sent through a proof of the wishes we wanted and drafted the main will.
Communication was good though out .
Would definitely recommend to family and friends
If you are looking for a trustworthy, reliable Will writing service,then I recommend that you give Stephanie a call .
Wendy with the writing of our wills. Everything was clearly explained and our wishes were thoughtfully considered. Our meeting at home made a big difference when discussing sensitive information and it was a smooth and stress free process. Wendy’s communication was fantastic throughout.
I would highly recommend Simon Hall Will Writing Service.
I was visited at Home by Dudley Moore Who was , pleasant and very informative, Guiding me through the process with ease, And very patiently explaining everything to me.
The price I paid was the same that was quoted to me on the phone, No hidden extras.
I would not hesitate to recommend this sperm to anyone.
Thank you so much.
Simon gives practical advise and support to the decisions that need to be taken during these times.
Simon is very thorough, he makes an initial visit to you at home to talk through the decisions that need to be made...sends draft documents for review....then revisits for signatures.....and in the case of LPAs submitted and received back before revisiting to ensure each page is signed ensuring it's watertight...
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Simon recently facilitated my special needs brother in remaking his LPA by modifying his language and taking more time in explaining each stage. He made the process as stress-free as possible.
I know that if I needed further advice regarding the LPA Simon and his team are easily contacted
Highly recommend Simon Hall Will writing and LPA services in Exeter
From the outset it is clear that Simon knows his trade inside out, and how to deal with what can be quite a sensitive subject for many. He is very professional in the way he makes you feel very much at ease, explains the whole process in detail, and keeps you informed every step of the way. Simon and Linda's attention to detail is second to none and I would highly recommend them and their services.
It was quite complicated as we were bringing two new families together.
Simon explained the process thoroughly and made it feel simple to put together.
We would highly recommend the team.
Thanks
Peter and Tracy
They were friendly and helpful from the very start and have been very understanding regarding delays i have imposed on the whole process for various reasons.
Their guidance and suggestions have been invaluble.
Sadly I cant say the same for Solicitors that I have used previously.
If you need help in dealing with this essential task, we would highly recommend Simon.
This gave us the opportunity to ask, go over and get answers to a great many questions and get real clarity to those aspects we did not understand.
Simon gave us a very relaxed, friendly but professional service and I would only recommend this company as there was no other service provider willing to come to my home for the process.
If you prefer a genuine hands on and personal approach to Will preparation, then I feel will only tick all of those boxes through Simon Hall Will Writing Services, a friendly and truly professional service provider. We are extremely happy not only to have chosen Simon but also with the outcome we achieved. A genuinely big thank you to Simon, a deserved 5 stars
From our 1st enquiry to completion, the entire service was seamless.
Lovely relaxed approach in the comfort of our own home. Simon is professional & very knowledgeable, making the whole process easy to understand.
We would highly recommend their services without hesitation.
Thank you, much appreciated 😊
He was very professional and informative giving me plenty of time and advice enabling me to understand what I required for the future.
I received the draft for review the next day. This was very impressive and in a time scale faster than I expected.
I recommend Simon and Linda’s will writing services.
Simon visited us in person, which we thought was a really professional & personal touch in this age of technology. Through chatting Simon identified that an aspect on our house deeds didn’t reflect our Will and was able to get this amended for us.
The whole process of setting up our LPAs was quick and easy - made all the more an easy experience through Simon’s personable nature. Thank you
Simon and Linda visited the home in order to catch my wife and I together. They were very helpful, comfortable to be around and communicate with, and knowledgeable. Their service was quick, concise and well simplified. They also helped us complete the process when we could afford it, without hassle or stress.
Excellent service, highly recommended.
I have recommended them to family and friends.
I happily endorse their service and following recommendations to family two are benefitting from the excellent service he provides.
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