Although not a pleasant thought, when planning for the future it’s not just the financials that need to be discussed. If you have children, what happens to them if the unthinkable occurs, should also be considered. For example, who will look after them and where they will live?
When a guardianship is entered into a Will as a clause, this is known as ‘testamentary guardianship’. This is not something that can be decided whilst you’re with the person drafting your will. It should be discussed beforehand with the persons you would like to nominate.
Another thing to consider is who has parental responsibility. Unmarried fathers will only obtain parental responsibility if they are registered on the birth certificate, there is a parental agreement between the mother and father or a court order.
If there is a dispute about where the children are to live, the courts will look first to those who have parental responsibility.
If you are no longer with the other parent to your children, even if your children have had no contact with them, they will continue to have parental responsibility and the children may be placed in their care if no other provision is made.
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