As Mother's Day is upon us, we understand the effort and care it takes to provide for and safeguard your children. However, have you considered what would happen to your children if you were not around? Continued care of your children One of the most important things you should do is name the person or people you want to look after your children if they were still minors when you passed away. As a parent you have the ability to nominate a testamentary guardian(s) in your Will to act in the event there is no parent alive to take care of your children. This can take many forms subject to whether you are a single or separated/divorced parent, are part of a blended family or would only need a testamentary guardian if the other parent of the child had also passed away. This will be one of the most critical appointments you make in your Will – the person or persons who will take on the daily and long-term care and welfare of your children and generally have the same rights, powers and duties of a biological parent. You may wish to give guidance to the testamentary guardians which can include anything from where the children live to education and religion and generally how you would like your children to be raised. This can be detailed in a separate document called a Statement of Wishes which can be as general or as specific as you would like it to be. It is always possible that someone may contest the appointment of the testamentary guardian and in that case they would have to make an application to the courts. While the courts have the ability to make an order as to guardianship, they will always actively consider your wishes and intentions as set out in your Will as well as consider what is in the best interests of the child. You may also need to consider how to provide financial support to the testamentary guardians to assist them in their role depending on their unique circumstances. Our expert Wills and Estate Planning team understand how choosing a guardian can be difficult because the thought of choosing a ‘replacement’ is not something anyone wants to think about. However, we are acutely aware that while a parent can never truly be replaced, this appointment is just as important as the succession of any wealth or assets. How we can help Our team is familiar with the sensitivities and complexities that surround families. We can provide you with options, scenarios and considerations to help you navigate this vitally important aspect of your succession planning by walking you through who to appoint, how to appoint them, how to guide them in your absence and how to provide access to funds. If you have questions about testamentary guardianship, your estate planning generally or if you are looking to update your estate plan, please reach out to our Wills and Estates Team who are always happy to help. If you would like to stay up to date with Alerts, news and Insights from our team, you can subscribe to our mailing list here.