Appointing Guardians by Will

Frequently Asked Questions concerning Testamentary Guardian appointment:-

Can I appoint a guardian for my minor children in my Will?

Yes you can appoint a Guardian or Guardians of your minor children in your Will.

When does the appointment take effect?

An appointment of a Guardian takes effect on the death of the person who made it only if either:-

1. There is no other surviving parent with Parental Responsibility for the child; or
2. At the date of death there was a Child Arrangements Order in force under which the person making the appointment was named as the only person with whom the child was to live.

When does the appointment become effective if there is a parent with Parental Responsibility for the child at my death?

The appointment would become effective upon the death of that surviving parent.

What would happen if the surviving parent with Parental Responsibility had also appointed a Testamentary Guardian?

It is best for both parents to appoint the same Guardian(s).  If separate Guardians are appointed, both appointments would be effective.  If there was an issue or a dispute between the Guardians, the Family Court would need to resolve this.

What is Parental Responsibility?

Parental Responsibility means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

When does the Testamentary Guardian acquire parental responsibility?

When the appointment becomes effective as set out above.

What should I now do?

Contact our Private Client Department to discuss the preparation of a Will to include an appointment of a Testamentary Guardian or Guardians.