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Intestacy and young children

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What if you have young children and you die without leaving a will?

Obviously if you die leaving a spouse, your children would live with your spouse. If there was no spouse though and you had been bringing the children up on your own and you die without a will,  there are serious implications.

A will allows you to appoint a guardian to look after your children. The role of a Guardian is an extremely important one.  Should you die without making a Will, or if Guardians are not appointed in a Will, children for whom you have parental responsibility could be placed in care until the Court appoints official Guardians to look after them.  This process can sometimes take several months and therefore the appointment of a Guardian would safeguard against any distress for the children involved, or for other members of the family.

It is important to ensure that the Guardians appointed under a Will also make a Will themselves to appoint ongoing Guardians if necessary, in order to further safeguard the future of the children involved. 

This is yet another reason to have a will, as in the will you can choose who you want to be guardians to your children rather than letting the court decide.


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