Project Description

Case Study

Concern about who will care for children if both parents die

We are very aware that clients have different perspectives on making a Will and how they feel about doing so. There is no “one size fits all” attitude at Roche Legal and we tailor our advice to suit each client to ensure that their wishes are catered for when the Will is written.

Perhaps the most difficult time for people to make a Will is when they are expecting or have recently welcomed their first child. Thinking about leaving the new baby without one or both of its parents is a very emotional matter and not one that people like to dwell on.

Action taken

Preparation of Wills with clear guardianship clauses.


Peace of mind knowing their chosen guardians will look after the children.

How this helped

As a result, many new parents put the idea of making a Will at that time to one side as, understandably, they have a lot of new pressures on their time to deal with.

However, as some of our Will Aid clients in 2015 demonstrated, preparing for your child’s future by ensuring that you have a valid Will in place is essential. It allows you to set out not only how your property and money will be divided and/or used, but crucially to name your chosen legal guardians for your children.

You may not want to think about what will happen to your new family if you and your partner were to pass away, but wouldn’t you prefer to know that your children will be cared for and supported by the people you consider best suited to the job?

This is something worth working through the emotional impact to achieve. You could also place a Letter of Wishes with your Will, something that a lot of parents choose to do. This Letter can set out your wishes in relation to your child’s schooling, religious upbringing, living arrangements and access to other family members.

Although it is not binding, this Letter will give your Executors and your child’s appointed Guardian(s) a clear idea of your wishes that they can use to guide them in looking after your child. While it may appear to be a matter that can be put on the back burner as parents concentrate on their newly arrived child, by committing to making Will they can truly ensure that their wishes are followed.

Whatever your circumstances, if you want to make, update or change your Will just get in touch and we will be able to discuss your situation and prepare the right Will for you.

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