Appointing guardians

Aaron Spencer

Partner & Head of Private Client

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December 8, 2020

Categories Family LawTax and Wealth PreservationWills and Inheritance

If you have young children you will want to consider appointing guardians in your will and how best to provide for them in the event those guardians are required to act in this capacity. We will help you address these difficult decisions and explain how trusts can be used to support your children and the guardians caring for them.

When considering the provisions to include in your will, it is important to consider the numerous eventualities that may occur so that the trustees, together with the guardians, have sufficient power to ensure the children are as financially and emotionally secure as possible.

We appreciate that acting as a guardian imposes a substantial responsibility on those individuals appointed, and there may be a concern that the guardian will be under financial pressure. In this circumstance, we can advise you of the options available, and in particular set out the advantages of using a trust to provide support both your children and the guardians.

We would assist you in preparing a ‘Letter of Wishes’ to accompany your will, giving guidance to the trustees as to how and when the guardians may receive financial support from the trust, while still supporting the children.

We can also help if you have a disabled or vulnerable child who would find it difficult to manage an inheritance.

We are experts in our field and would be able to advise on the advantages and disadvantages of the different options available, taking account of the sensitive nature of the decisions being made. Our aim is to help you prepare a will that reflects your overall objectives for your family.

Contact a member of our Succession planning team to find out how we can help you telephone 01227 763939.