If you have children under the age of 18, it is very important to make a Will and appoint a guardian to ensure that Court proceedings are not necessary at an already difficult time for your family if anything happens to you.

A testamentary guardian is a person or persons appointed in your Will to have legal responsibility for any children under the age of 18 years should their parents die whilst they are still a minor. It is somebody who also takes on the day to day care of your children.

In the event that both parents die leaving minor children without leaving a Will or without having made provision in a Will, then it would be up to the Court to decide who is appointed as a guardian. A family member can make an application to the Court but it may be that the children are placed into the care of the Local Authority and all decisions would then be made by them until the children reach the age of 18 years.

So who should you appoint? Consideration should be made regarding the age and health of the guardians. Many couples would choose to appoint their own parents as guardians. Grandparents often relish having their grandchildren for a few hours or even overnight but the responsibility of taking on their grandchildren 24/7 could be very daunting and may not be the best plan of action.

It may be worth taking into account appointing somebody who is around the same age as you, who has the same values and principles and knows your children well. It could be a sibling or a very close friend. Locality may also need to be a consideration. If you appoint a person who is now living abroad, you may want your children to remain in the same school and area etc.

You can appoint as many guardians as you wish but it is usual to appoint a couple to take on the role. You should also consider the appointment of alternative guardians in the event that your first choice passes away before you or cannot take on the role.

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