Who do I choose to be a Guardian in my Will?

Drafting a Will can be a daunting task. There are many reasons why a person should make a Will. As a parent, I have to confess my main reason was to name Guardians for my young children should the unthinkable happen. No-one wants to think about their children having a life without them but the practicalities involved, unfortunately, do have been addressed should that happen. Most parent I have draft Wills for gulp when asked the question but then heave a sigh of relief when the matter has been addressed

In your Will you can name a legal guardian who can have responsibility for your children. This may be the most important decision you will make in your lifetime so you need to give it serious thought.

Grandparents – many of us have parents who play an active part in helping bring up our children. They know them and love them unconditionally but is that enough for them to qualify for the role? The age of the grandparents should be considered. Would they be able to cope with your children as teenagers? A Court may be hesitant to place young children with elderly grandparents.

Your Siblings – you may wish to choose one of your siblings as guardian of your children. They may have children and therefore already be living a child friendly lifestyle and their cousins are already part of the family. However, do consider the practicalities of this, where will your children live? Is there room for them in the house? Does your sibling live nearby or would your children have to leave their school and familiar surroundings to go and live in another city?

Friends – if you are lucky enough to have a close friend who would take on the responsibility of your children, then this may be an excellent choice. However, are your children as close to your friend as you are? Would your friend be able to cope? What would the reaction of your family be to this?

Whoever you choose should be competent and able to bring up your children. You should be happy with their beliefs and opinions, for example on education, morals, religion and lifestyle. These should be the way you would have wanted your children raised.

We would always advise that you discuss with your chosen Guardian the fact that you will be naming them in your Will before it is drafted. They have to be happy and willing to take on the role. You can also put your wishes in a separate letter that can be stored with your Will for your Guardian to refer to if needed.

Reading this article has probably given you a lot to think about. We would never advise rushing into making such a big decision. However, even though the matter is upsetting, if you do put a plan in place should the worst happen, then at least you know you have left your children in capable hands.

If you do wish to draw up a Will then contact the Nayyars Team today who promise to handle the matter sensitively.

Ayesha Nayyar

Principal Solicitor