11/09/2026
‘’Everyone agreed that Auntie Claire would take Sophie and Max.’’
Everyone, apparently, except the paperwork.
No Will. No guardian appointed. Just several relatives saying, “We all knew what they wanted.”
Unfortunately, “we all knew” is not a legal document.
What happens if you do not appoint guardians in your Will:
If there is no surviving person with parental responsibility, nobody automatically inherits the job of raising your children.
Not Grandma, not their Godparent, not your most responsible sibling… Even though they have a spare bedroom, know their routines and have already survived three family holidays with them.
Social services, and if necessary, the court may become involved while decisions are being made. The court’s priority will be the children’s welfare, but it will be doing so without instructions from the people who knew them best.
But what if your child is disabled or neurodivergent?
Then writing everything down becomes even more important.
A guardian may need to understand:
• How your child communicates
• Their sensory needs and triggers
• Their medication and medical appointments/needs
• Any dietary requirements or restrictions, sleep schedules or issues and daily routines
• School arrangements, ECHP’s and other professional support
• What helps when they become anxious or overwhelmed
• Which changes need to be introduced gradually, according to their processing requirements. Especially when it comes to any change in routine.
• How to advocate for them within their education, social and emotional environments.
A Will cannot contain every detail of your child’s life. If it tried, it would be the size of a telephone directory and nobody under 35 would know what that meant.
That is why a ‘Letter of wishes’ is so important. It can explain the practical things that make your child feel safe, secure and understood.
‘’My family would sort it out.”
Possibly…
Families are famously calm, sensible and completely united when grief, children, property and money arrive in the same room and time.
Or perhaps not.
Appointing guardians removes uncertainty. It tells everyone whom you chose and saves that person from having to prove that they were the formally asked and appointed.
“The children will inherit, so there will be money.”
Eventually, perhaps.
But bills do not wait politely for probate. Children continue eating, wearing clothes and needing somewhere to live with absolutely no respect for estate-administration timescales.
Where a child is disabled or may need long-term support, leaving money outright may also affect means-tested benefits or leave them unable to manage it safely. A properly drafted Trust can allow chosen trustees to use the money for the child’s benefit, while providing protection and flexibility.
The wording matters. This is not the moment for a £9.99 internet Will and crossed fingers.
Five uncomfortable but important questions:
1. If both parents/care givers died, who would raise your children?
2. Have you asked that person or couple, or are you planning to surprise them from beyond the grave?
3. Have you appointed a substitute? What happens if your first choice cannot step in as their personal circumstances changed since it was discussed?
4. Would money be available for housing, education, therapies and everyday care?
5. Have you recorded your child’s routines, needs, preferences and support arrangements somewhere that can actually be found?
A good plan normally includes:
• Guardians appointed in a properly drafted Will with their prior knowledge and agreement
• Substitute guardians
• Suitable trustees
• An appropriate Trust for the child/children
• Careful planning where disability or means-tested benefits are involved
• A detailed letter of wishes
• Regular reviews as children, circumstances and relationships change over time
Nobody enjoys thinking about these things but they are vital for your child/children’s welfare. Aswell as your peace of mind.
‘’We thought Auntie Claire was dealing with it.” Just isn’t enough.
I can provide you with a FREE no obligation consultation to discuss any worries or questions you may have.
Paul at Legacy Family Estate Planning 07825873940.