One of the most important – and often most emotional – parts of writing a Will as a parent is deciding who would look after your children if something were to happen to you. It’s a situation no one wants to think about, but taking the time to name legal guardians in your Will is one of the most thoughtful and protective steps you can take for your family.
At Howay Legal, we know this isn’t an easy decision. That’s why we’re here to guide you through it with care, clarity, and no pressure. Our goal is to help you feel confident that, whatever happens, your children will be looked after by the people you trust the most.
What is a guardian?
A guardian is someone you legally appoint to take over parental responsibility if you (and their other parent, if applicable) are no longer around. This means they’ll make day-to-day decisions about things like your child’s education, healthcare, and general wellbeing. It’s not just about the practical side of things – it’s about choosing someone who shares your values and would raise your children in a way you feel comfortable with.
Why should I name a guardian in my Will?
If you don’t name a guardian in your Will and both parents were to pass away, the courts would decide who should care for your children. That could result in someone being appointed who you wouldn’t have chosen yourself – or even family members having to go through a stressful and upsetting legal process during an already difficult time.By naming a guardian, you give your loved ones clarity and peace of mind. It can help prevent disputes, reduce confusion, and make sure your wishes are clearly recorded and legally recognised.
What should I consider when choosing a guardian?
There’s a lot to think about, and every family is different, but here are some common things people take into account:
Trust and shared values – Do you trust this person to make decisions in your child’s best interest?
Practicality – Are they in a position (geographically, financially, emotionally) to take on the role?
Relationship – Do your children already have a strong bond with them?
Age and health – Will they be able to provide long-term care as your children grow up?
Willingness – Have you spoken to them about it, and are they happy to take on the responsibility?
You can also name more than one person as a joint guardian, and we’ll help make sure everything is set out clearly in your Will.
We’re here to help
It’s never easy to think about these things – but putting the right legal arrangements in place now means you’re protecting your children and giving your family the support they need, whatever the future holds. At Howay, we’ll guide you through the process step by step, answer your questions, and make sure everything is handled with care. You don’t have to do it alone.
