Parenting

Parenting Who will take care of the children IF….? Why every parent needs a Will

By Andrew Campbell

Deciding who will take care of your children if the worst happens is a tough one. If one parent dies, then the other parent automatically takes over parenting responsibilities. However, if both parents are no longer around the situation is not straightforward for your children.

Some parents think that by appointing godparents they have taken care of this eventuality. However, a godparent is not a legal guardian and has no legal rights. If both parents were to die, godparents would not automatically assume legal responsibility for the children.

So you need a legal will which appoints a guardian. If you don’t appoint a legal guardian, you don’t get a say in who would take care of your children. The state will step in and appoint a guardian based on its view of what is best them. This risks exposing children to court battles, family disputes and potentially even foster care.

So how do you choose the right guardian? In many instances this is not a clear-cut decision.

Parents often choose their own parents – their children’s grandparents. But you need to have regard for the age of grandparents. Would they be able to care for your children in 10 years’ time when they have grown into teenagers?

Sometimes parents look to one of their siblings – an aunt or uncle to the children. But what if there are multiple siblings on both sides – how do you choose?

It’s sensible to discuss with a sibling whether they would want the responsibly of raising your children. Being a parent isn’t for

New Divorce Laws Good for Children

New divorce laws, expected to commence in autumn 2021, will help reduce family conflict and be beneficial for children, according to the government.

Divorcing couples will no longer have to “blame” each other for the breakdown of their marriage. Current divorce laws require one spouse to provide evidence of ‘unreasonable behaviour’ even where a couple has made a mutual decision to part ways.

A new law will enable couples to divorce without making accusations of bad behaviour, by giving notice that a marriage has broken down irretrievably.

Justice Secretary David Gauke said: “Hostility and conflict between parents leave their mark on children and can damage their life chances.”

The relationship charity Relate believes the current faultbased system often results in increased animosity, making it harder for ex-partners to develop positive relationships as co-parents. everyone. Also, do they already have their own children? Would you be comfortable with your child being raised in the same way? Would your sibling be able to cope with more children in the family?

There are practical considerations too, such as the geographical location of the proposed guardian. Consider the upheaval that could be caused if your child has to relocate, move school and make friends at a time when they have lost both of their parents.

Nobody feels good about the idea of their child facing the world without parents so it’s totally normal to feel that whatever decision you make about a guardian, it’s is going to feel less than perfect. In the end, what’s important is that you appoint someone who would have your child’s best interests at heart. What’s MOST important is that you don’t ignore the issue.

No one knows what life has in store so it’s important to plan for the unexpected. Parents spend most of their lives trying to protect their children so try to think of making a will and appointing a guardian as just a way of protecting them legally.

Visit www.childlawadvice.org.uk for more information.

6 Top Tips for Making a Perfect Will

Make the Time to Write a Will: it’s estimated that one in three people die without having made a will, which can cause problems and financial worry for their loved ones.

A Will is for Everyone: if you die without one, the intestacy rules determine who inherits what and your loved ones could miss out.

Use a Professional: choose who draws up your will wisely. Seek professional legal advice and use a qualified and regulated solicitor covered by the Solicitors Regulation Authority.

Choose your Executors Well: executors are responsible for exercising your estate in accordance with your instructions after you have died. Choose them carefully! It can be a demanding task and you should always ask people if they mind taking on this role.

Appoint Guardians – see above!

Decide who you Want to Get What and When: planning who will inherit what and when, where children are concerned, helps prevent the many family feuds that follow a person’s death.