Any child under the age of 18 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 nomination of a legal guardian is included. If there is no Will, or if it’s out of date because it hasn’t been written since the birth of the children, then it’s a different story.
The appointment of guardians is usually made in a Will, but it is also possible to make a deed of appointment of guardianship. The deed is a legal document that 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 in order 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 are made available for the children’s upbringing and educational costs as quickly as possible.