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If you have children under 18, you should consider how they will be supported if you die. This can include who will take care of them.
If you have children under the age of 18 at the time of your death, your executor will generally manage anything left to them under your Will. You can also name someone other than the executor to do this. This responsibility will continue until the child reaches the age of 18 unless you have specified an older age in your Will. Property dealt with in this way is held in trust for the child.
You can give your executor, or person you name, the authority to use the child’s share of the estate to support the child. You can put limits on the type of expenses that can be paid from the child’s share of the estate. You can also just give general authority to support the child. The person managing the trust for your child can always use it for their maintenance or education regardless of what you say in the Will.
Planning for estates that will include minors as beneficiaries is complicated. Ensuring that a trust established for the benefit of your children is properly drafted is critical. A lawyer can help you understand the many considerations there are and ensure that your intentions are carried out.
If you do not name a property guardian and one is needed, the court can appoint a guardian. If no one is available, the court will appoint the Public Guardian and Trustee to be the property guardian. The Public Guardian and Trustee also monitors the actions of executors and trustees who are managing a child's property.
If you have children under the age of 18, you will want to think about who you would like to care for them in the event of your death. If there is a surviving spouse, they will take will usually take custody. If there is no surviving spouse or there is a court order allowing it, you can appoint someone under your Will to care for your child. Individuals appointed as a legal custodian may wish to have the appointment confirmed by the court.
It is important to understand that such an appointment can be challenged on the basis of the best interests of the child.
A court can revisit this matter at any time. Concerned relatives or friends may also ask a court for a new order. If a legal custodian is unable or unwilling to act, the court can appoint another person to be the legal custodian. A court can also make other orders to address concerns over who will care for the children. However, appointing a legal custodian for your minor children will ensure that your wishes are known.
In choosing a custodian, you may want to think about their attitude towards things that are important to you such as education and religious beliefs. You may want to consider their financial ability to raise your children, keeping in mind what you are able to provide for under your Will. It is important to discuss your wishes with the legal custodian you are considering. You can change this or any part of your Will if circumstances change or you simply change your mind.
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