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Who & What are Legal Guardians in a Will?

Guardians are persons appointed by the parents of minor children to look after those children, when both parents have died, i.e., they 'step in to the parent's shoes' until the children attain the age of 17. This will mean that the guardians have control over welfare, health and schooling issues in the same way that parents have over their own children.

Guardians are not in charge of the children's money (trust fund) as that is the responsibility of the Trustees / Executors who are named in the Will. The online Wills which glossLegal provide, the Trustees are instructed to make sure that the guardians do not suffer any financial loss from carrying out their role.

It is normal to appoint close family or friends as guardians as they will already have a link with the children and be sympathetic to the way in which the parents would like their children to be looked after in their absence. While the appointment of guardians is very important, it should be borne in mind that it is an unlikely event that both natural parents will have died before their children have become adults.

You can appoint one guardian, or two or more guardians. It is not practical or sensible to appoint more than two guardians. The appointment of one guardian is absolutely fine; most people only appoint one.

When two guardians have been appointed they must act jointly. That means that they must agree on decisions such as where the child(ren) live and schooling. For that reason, if you choose to appoint two guardians, you should appoint two guardians who will get on well with each other and agree on these important issues, quite often a husband and wife.

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Disclaimer: The information provided in this site is not legal advice, but general information on legal issues commonly encountered. GlossLegal is not a law firm and is not a substitute for a solicitor or law firm. GlossLegal cannot provide legal advice. Please note that your access to and use of the GlossLegal website is subject to additional terms and conditions. GlossLegal is the trading name of Enterprisexchange Limited registered in England, United Kingdom under Company Number 3803556.