Who will look after your children if you die

Aug 9, 2021

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As a parent, you do everything in your power to look after your children and ensure the best for them. Part of this process should include planning for the unthinkable and what would happen if you were no longer alive to fulfil your duties as a parent. The thought of not being around to look after your children can be very emotional and therefore, pushed aside or not dealt with properly. Having minor children adds an important dimension to Estate Planning and consideration needs to be given to who will look after your children and become their legal guardian if you and your spouse pass away prematurely.

How do I appoint a guardian upon my death?

Appointing a guardian of minor children in a Will is a very personal decision and one which may help avoid disputes between family members or close friends who have a sense of entitlement if the unexpected happens. Without appointing a guardian in your Will, there could be a situation where the Family Court makes a decision as to who should be the legal guardian which can be very costly both financially and emotionally.

What should I consider when choosing a guardian?

There are many factors to consider when appointing a guardian in your Will including but not limited to, the location of the guardian, the philosophies and beliefs of the guardian and the ability to take on the responsibility of raising your children. If you have children under the age of 18 you must have a Will in place to ensure they are well looked after if you and your spouse pass away before they reach adulthood. You should also obtain the consent of your chosen Guardian before nominating them in your Will.

How we can help

At Clinch Long Woodbridge Lawyers, we want to ensure that your precious loved ones are well looked after upon your death. We can assist you with the considerations needed to choose a guardian and drafting your Will to ensure your children are secure and protected if you and your spouse pass away.


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