If you don't make a Will

Guardians

If you don't make a Will and your children are orphaned the courts decide with whom your children should live.

If you want to ensure that your children are properly cared for in the event that they are orphaned,you can name guardians in your Will. That way YOU get to choose who should look after them and not Social Services.

Any person with parental responsibilty for a child will automatically have care of that child if only one parent dies.

So what happens if the child is living with, for example, a new family with their mother and step father?

The biological father, provided he has not relinquished parental responsibilty, will have the care of the child. In this instance the mother cannot appoint her new husband as guardian.

Any guardian appointed in a Will only takes effect when BOTH parents die.