Any child under the age of eighteen must have an adult who is responsible for them. What happens if both parents die in an accident? If there is a Will, we hope that the appointment of a Legal Guardian is included. If there is no Will, or if it is out of date because it has not been re-written since the birth of children, it is a different story.
It is possible to make the appointment of guardians by a Deed which has to be signed and witnessed just like a Will, but it will not deal with the disposition of assets and the setting up of financial arrangements to provide for the children and their guardians. Hence we recommend having both documents in place to ensure that the children are taken into care by the guardians immediately and the assets made available for the children’s upbringing and educational costs as quickly as possible.