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  • Jonelle Williams

Updating your will - Testamentary Guardians

We recommend when you are considering updating you will, that if you have a child or children, you consider who you would like to be involved in the decision making for you children.

You do this in your will by appointing a guardian to take over some responsibilities for your children, if you die.

Guardians appointed under a will are called testamentary guardians.

It is important that you know that just because you appoint a testamentary guardian does not necessarily mean they will provide the day-to-day care for a child(ren), but they are responsible for making the key decisions concerning the upbringing of the child and it helps everyone to know who needs to be involved in the big decisions.

While you are not required to appoint a testamentary guardian for your children, we do recommend that it is a good idea to include one in your will.

Both parents of a child may appoint a person or persons in their will to be the guardian of the child following their death.

This is especially important should both parents die together or one parent dies, especially if that parent is separated or divorced.

The court will always focus on the best interests of the child. As parents, we encourage you to focus on who will be able to assist the court know your child’s best interests.

If you need advice, give us a call 03 477 8080.

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