Appointment of Guardians in Wills

People make Wills for lots of reasons. Most Wills are made by people who wish to ensure that their property and assets pass to their loved ones. Wills should also make provision for the appointment of guardians where people making the Wills have children under the age of 16.

When writing a Will people usually appoint trusted relatives or friends to act as testamentary guardians for infant children in the event that they die before the children reach 18.

It is only possible for Wills to express a wish as to who should be appointed as a guardian as the formal appointment of guardians is subject to the jurisdiction of the Courts. Wills that appoint guardians are produced to the Court and the Testator’s wishes are taken into account. Peoples wishes in their Wills are usually adopted without any Court involvement. Courts only get involved where there is any dispute between relatives as to who should be appointed as the guardian. The provisions made in the Will is usually enough to resolve any disputes between squabbling relatives. It is usually a good idea for you to appoint more than one guardian. In such circumstances, if one guardian dies, the others can take over.

As the appointment of a guardian is an expression of a wish a Will does not usually contain directions to guardians as to how children should be brought up etc. Often people write a separate memorandum or expression of wishes, giving the guardians they appoint, directions as to how their children should be looked after.

Anyone with infant children should always appoint guardians in their Will.

Key Areas of Interest...

For information regarding advertising and/or sponsorship of this website please contact Mark at info@howtowriteawill.org.

Follow the 'how to make a will' blog and find out more about making a Will. Read new articles published everyday.