Can I decide who looks after my children when I pass away?

It may be difficult, but it is important when thinking about making a Will to also think about who you would want to care for your children (who are under 18 years old) when you are no longer around. This person is called their guardian.

A guardian has the legal authority to make decisions on behalf of your child with regard to their upbringing. This is known as parental responsibility (“PR”).

You must document the guardianship wishes within your Will or another formal document known as a deed which must be made in writing, be dated and signed and witnessed.

Only a parent with PR can choose a guardian. Therefore, if you are the child’s father and you are not married to their mother or if you are a step-parent, you may not be able to choose a guardian for your child.

You can also prepare a separate letter of wishes which can be used to advise the nominated guardian about what you would like to happen in specific circumstances such as where you would like your child to live or go to school. This letter, however, just gives direction to the guardian and will not be binding on them.

To discuss making a Will or the issue of guardianship further, please contact one of our Private Client lawyers on 01384 410410.