Kiteleys Solicitors

Kiteleys Solicitors. 7 St. Stephen's Court, 15-17 St. Stephen's Road, Bournemouth, Dorset. BH2 6LA. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority. A list of directors is available for inspection at our registered office.

Guardianship

  • Call us now on 01425 278866
    • Kiteleys Canford Cliffs 01202 708634
    • Kiteleys Highcliffe 01425 278866
    • Kiteleys Southampton 02380 909091
    • Kiteleys Wimborne 01202 849242
    • Kiteleys Ferndown 01202 875646
    • Kiteleys West Moors 01202 863933
    • Kiteleys Boscombe 01202 393506

Why appoint Guardians?

If you fail to appoint Guardians in your Will (and the children are orphaned before they reach 18) they will instead be appointed by the Court. Unfortunately, this means that they may not necessarily choose the people that you would have chosen.

If following your death the other parent of the children survives, the surviving parent will normally continue to have full responsibility for the children. However, if neither parent survives (i.e. there has been a road accident) then the appointed Guardians will take on the responsibility for your children.

As a result, by appointing Guardians in your Will you will have ensured that your children are looked after by the person you desired, rather than leaving it in the hands of the Court.

Appointing Guardians and their Responsibilities

To appoint legal Guardians for your children, you must name them in your Will. You can only appoint Guardians if you have parental responsibility for the children.

Before doing this you should approach the people you would like to appoint to find out whether they are willing and able to take on this responsibility. You may also wish to appoint alternative Guardians, who will take their place if your intended choices pass away.

When considering who to appoint as legal Guardian for the children, you should consider whether they would offer a good family environment, their relationship with your children and whether they will be able to handle the responsibility of caring for your children on a long term basis.

The Guardian would be responsible for the day to day care of the children and making decisions about education and welfare.

Changing your Guardians

Should you wish to change your Guardians (i.e. they have predeceased, left the country or are no longer willing or able to take on the responsibility) then you can either complete a codicil or alternatively have already appointed alternative choices when you first drafted your Will.

Should I make the Guardians trustees as well?

Many people choose to do this, as the Guardians will be taking care of your children’s finances until they are 18. If you do this, it is advisable also to appoint another trustee who is not related to the guardians (e.g. a solicitor or accountant).

Doing so will help to provide objectivity and guard against conflicts of interest. It will also provide the Guardian with support in handling the financial and legal aspects of a trust.

  • Jennifer Attrill

    Jennifer Attrill
    Solicitor

  • Emily Chinchen

    Emily Chinchen
    Solicitor

  • Christine Jones

    Christine Jones
    Chartered Legal Executive

  • Andrea Rohr

    Andrea Rohr
    Consultant Solicitor

  • Roger Turner

    Roger Turner
    Consultant Solicitor

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Talk to one of our solicitors

At Kiteleys we are always happy to help. We believe that the law should be easily accessible, so if you have any questions for our Private Client team please don’t hesitate to get in touch.
Call us on 01425 278866 or enquire online.

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Kiteleys Solicitors. 40 Haven Road, Canford Cliffs, Poole, Dorset. BH13 7LP. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority. A list of directors is available for inspection at our registered office.