Testamentary Guardianship

If you have children it is essential to make a Will and appoint someone who will look after them in the event of your death. This might be a close family member or friend and, once appointed, they will take on the responsibility of acting as a parent for the child. Hepburn Delaney’s specialist Inheritance team can support you with this process.     

A testamentary guardian can be appointed by a parent who has parental responsibility for the child, a guardian of the child, or a special guardian. Therefore an unmarried father who does not have parental responsibility for the child would not be able to appoint a guardian unless he obtains parental responsibility.

Once a testamentary guardian is appointed they acquire parental responsibility for the child and so have a legal ability to make decisions about the child’s upbringing and welfare.

If you do not have a valid Will appointing a testamentary guardian for your child, and on your death there is no surviving parent with parental responsibility, then it will be up to the court to decide who looks after your child. This could even be someone your child does not know and it could lead to a dispute amongst your family members. It is vital therefore to ensure you have a proper plan in place to ensure your children are protected in the event of your death.

How can we help?

At Hepburn Delaney, we have expertise in inheritance and children law. We can advise you on how to appoint testamentary guardians and what this will mean for them and for your children. We can guide you through the process of making a Will and give you the peace of mind to know your children will always be looked after.

Contact our Inheritance Team solicitors for advice on testamentary guardianship

To get in touch with our Inheritance Team, please:

Call us on 01442 218090

Send an email to info@hepburndelaney.co.uk

Fill out our enquiry form and speak to one of our specialist Solicitors today.