insideKENT Magazine Issue 51 - June 2016 | Page 158
LAW
ADVERTISEMENT FEATURE
Legal Guardianship
Does your Will name a legal guardian for
your children?
Whilst there are many reasons people make or
update a Will, it is often the birth of a child which
spurs people to make sure that their affairs and
wishes are in order. Wills can be used to name
who you would like to nominate to be your
children’s legal guardian in the event of your
death whilst they are still minors (under 18).
What happens if no guardian is named?
If no guardian is named then the courts will decide
who will be the best person to look after your
children, and this may not be the person you
would have chosen. While the courts are deciding
between family members, the children in question
are sometimes looked after by a family member
or in some cases, they are looked after in foster
homes.
Who can be a legal guardian?
Family members are often nominated; however,
you do not have to name a family member or
next of kin as a legal guardian, friends can also
be nominated. Due to the significant impact the
role of guardian has on the life of the person
nominated, whether family or friend you should
always ask them if they are prepared to be a
guardian before you name them in your Will.
Financial and additional considerations
There are many things to consider when writing
a Will as to how your estate is dealt with after
your death. This includes who is to receive what
and when, appointing of the executor and
considering inheritance tax and possibly trusts.
It is recommended that you seek professional
advice when writing a Will.
What are the responsibilities of a legal
guardian?
The role of guardian is a serious one, a legal
guardian has the same responsibilities as parents,
education, healthcare, birthdays and holidays.
All the day-to-day little things that a parent does
should be taken over by the named guardian.
Parental responsibility is transferred to your child’s
guardian.
Why use a firm of solicitors to write your Will?
Using a solicitor to prepare a Will gives you the
peace of mind that you are getting up-to-date
advice and the best protection. All Wills written
at T G Baynes are overseen by solicitors who
are regulated by the Solicitors Regulation Authority
and have to undergo regular training to ensure
that they are kept up to date with legal changes.
To become a solicitor, you have to complete five
to six years of study and training. In the unlikely
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event of a mistake being made in the drafting of
a Will, solicitors must have indemnity insurance
to ensure that any compensation due is paid.
T G Baynes Solicitors has offices in Orpington,
Bexleyheath and Dartford, and are also able to
accommodate appointments in Sidcup and
Welling, as well as offering home appointments.
If you would like to make an appointment
please call on 020 8301 7777 or email on
[email protected].