The gift of guardianship

Parents with sole responsibility for a child should ensure they have made provision for guardianship in the event of their death, to avoid unpleasant disputes over the child’s future. This is especially important for same sex couples (even if they have entered into a civil partnership) and unmarried heterosexual couples (unless the father’s name is on the birth certificate). If one of them dies, the survivor must either have been appointed legal guardian in the will or obtain a court order to receive any rights in relation to the child.

Don’t leave the courts to decide your child’s future – to avoid uncertainty, you can simply appoint your choice of guardian in your will.

If you would like advice on appointing a guardian, please contact:

Sarah Albury
Tel +44 (0)20 7440 7042
sarah.albury@mishcon.com