Guardianship

What is Guardianship?

In the event of you passing whilst you have younger children, under the age of 18, guardianship is a legal process of ensuring your desired individual(s) can take up the responsibility of caring for your children.

What comes under parental responsibility for Guardians?

Areas that a Guardian can support your children.

Finances

Religion

Education

Residence

Healthcare

Guardianship FAQs

Why is Guardianship important?

If there is nobody assigned to look after the welfare of your children, the courts will ultimately decide on the path forward.

What is the difference between Guardians and Trustees?

Guardians focus on welfare, day to day life and upbringing. They are responsible for their wellbeing. Trustees control any financial elements, releasing funding to the Guardian when deemed appropriate.

Does Guardianship override parental responsibility?

No, it does not. If there is a surviving parent, that parent will be the one responsible for the childs welfare.

Why is Guardianship important?

If there is nobody assigned to look after the welfare of your children, the courts will ultimately decide on the path forward.

What is the difference between Guardians and Trustees?

Does Guardianship override parental responsibility?

No, it does not. If there is a surviving parent, that parent will be the one responsible for the childs welfare.

Guardians & Trustees?

What can a Trustee do that a Guardian cannot?

A common and important planning decision is to appoint a different person as Guardian and as Trustee of any money or assets held for the child's benefit. This provides an independent check:

The Trustee controls financial assets. Investing and holding the money exclusively for the benefit of the child.

Separating the Guardian & Trustee

The Trustee is responsible for releasing money to the Guardian as required for maintenance, education, welfare.

Keeping the roles separate prevents any single person having unchecked control over both the child and their inheritance

The Guardian focuses on day to day care and upbringing

The Trustee is responsible for releasing money to the Guardian as required for maintenance, education, welfare.

Selecting a Guardian

What should you consider?

Time and practicality
Financial stability
Emotionally close already
Shared values
Would they need to relocate?

What do wills with Guardianship cost?

Typical Price Ranges

Single Individual Will

£0-499

Very simple wills can be done at home, some charities offer simple wills for free also. However, these are essentially template wills and they may not do what you hope.

Wills vary depending on the firm, high street solicitors tend to charge higher premiums than estate planning specific firms.

Service levels vary, all wills should be registered with the national will register.

Mirror Wills

£200-799

Wills vary depending on the firm, high street solicitors tend to charge higher premiums than estate planning specific firms.

Service levels vary, all wills should be registered with the national will register.

Wills with Trusts

POA

These are bespoke wills, taking into account specific family circumstances and wishes. They will vary on the basis of complexity and what other work may require completion to ensure the wills work in the intended way.

Sometimes this can result in Land Registry work if there is property in the estate and as such, takes greater time to complete.