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Where there’s a will, there’s a way

Too many people are oblivious to the importance of writing a will including appointing a guardian.

family group kid at front smaller

If both parents were to die in a car crash, what would happen then? Who would look after the children?

Where there is no guardian appointed in a will, Social Services will put children into foster care, while more permanent arrangements are made. Social Services would therefore put children either for long-term fostering, adoption or possibly appoint a person from the orphan’s extended family. As a general rule, children do better with extended family, something I am sure most parents will be entirely comfortable with.

Not appointing a guardian for children can turn very messy, leaving the choice of guardian to Social Services and the Courts; a less than ideal situation at a time of great stress. The Daily Telegraph portrayed this common issue very well as a part of a longer article:


So, what is guardianship?

A guardian is a person who will look after your children/children’s well being if they are unfortunate enough to lose both their parents during the period where they are not yet classified as an ‘adult’, being up to the age of eighteen. The Guardian will make all the legal decisions for the children and must be able to provide them with adequate food, clothing, housing etc.

The guardian will be someone who the parents would have chosen whom they trust to keep their children in a safe and happy environment and believe will nurture and care for their children.

 What is a will?

A will is a document that specifies who will inherit your valuables such as your bank accounts, property, cars, jewellery and other assets after you die. If you have not written a will, the people you would have liked to have any of your belongings might not be the person you wanted it to be with. The rules of intestacy will ultimately provide your valuables to the next of kin. http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

I would strongly advise all of you who have got children to ensure you write a will to include guardianship. There are too many complications and as a parent, wouldn’t you want the best for your children?

Contact me with queries

If anyone is looking for general advice, then please write in to the blog and I would be happy to help with anonymous advice posted here. Alternatively, please call us on 0116 253 5600 and ask to speak to an IFA, (Independent Financial Adviser), for a no-obligation discussion.

If you know you need formal advice, have a look at http://bankfield.net/personal/legal-estate-planning/ or http://bankfield.net/protecting-you-your-family/ or ask around for a recommendation, it might even be me.



Categorized: Legal Estate Planning , Protection
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