If people have children under the age of 18 years, it is essential that they have a will nominating who they appoint to care for their children, in the event of their death.

If a parent does not nominate a guardian in their will, then the other parent of the child will be the guardian.  If both parents die, then the guardian will be the person or persons named as guardians in the parents’ wills.

However, if the parents are divorced or separated then they may want to appoint a friend or family member to be a joint guardian with the child’s other parent.  It is important that this is set out properly in the will.

If the parent does not have a will, or the will does not nominate a guardian, then it may be necessary for friends or family to apply to a Court to be appointed guardian of the children.  This could result in problems due to time delay and cost in applying to the Court and even worse if there is a contest between family members regarding who is the best person to be guardian.

Parents can avoid this by having an up to date will.

Having a valid will is essential for parents, now is the right time to get it done.