Can Parents Appoint Legal Guardians in Their Will?

One of the things many parents understand is the need to secure the future of their children in the unimaginable event that they have passed, leaving them without parents. It is a foregone conclusion that writing a will is of utmost importance to ensure the financial future of their kids. However, who will be the executor of the will? And equally as important, who will be the physical guardian in the event that both parents have met an untimely passing such as those lost to Covid-19? Can parents appoint legal custodial guardians in their will? The short answer is yes, but there is more to it than merely naming the person or persons.

Executor vs Guardian

The ultimate intent of writing a will is to ensure that anything of value goes to those named in the will. The information should be very specific and should also have been valued prior to listing it. If you have minor children, you not only need to name a trusted executor, but you should also name legal custodial guardians. The executor sees to everything being distributed as set forth in your will whereas a guardian is named as the person/s who will have physical custody of your children until they reach their age of majority.

However, you must first approach your intended guardian to see if they are willing to take on this responsibility. Also, you will need to appoint an alternative party as guardian in the event that they pass while your children are minors. Every stipulation should be followed to the letter, and it is the executor who sees to it that your will is carried out.

Be Thoughtful and Thorough

So then, now that you know that a guardian can be named in your will, another thing of importance is to take your time. As the old saying goes, “Haste makes waste.” This is why so many people are now writing wills online. There is no need to hurry as would be the case if meeting in person with a solicitor. You can be thoughtful and thorough over time when writing your will from the comfort of home.

In fact, making money plans for the future and doing your will online can give you the time you need. Online resources like the legal team at Elm Legal Services can offer advice and also read your will to ensure it is valid. If you want to avoid your wishes being contested, it is suggested that you confer with a legal team who can also help you with setting up everything from funeral pre-arrangement plans and cremations to ensuring the financial future of your children as set forth in your will. Get probate assistance to guide you through the process.

It’s Something We Each Must Face

Although no one wants to face their ultimate demise, it’s something we all must consider. In fact, there are two absolutes in life: you are born and one day will die. It’s a hard topic to talk about, so if you need to take your time, that’s okay. Just get it done so that your children’s future is protected.

Last Updated on June 22, 2023 by Lucy Clarke