For Individuals

Legal Guardians


Does your Will name a Legal Guardian for your children?

Whilst there are many reasons people make or update a Will, it is often the birth of a child which spurs people to make sure that their affairs and wishes are in order.  Wills can be used to name who you would like to nominate to be your children’s legal guardian in the event of your death whilst they are still minors(under 18).

Who can be a Legal Guardian?

Family members are often nominated; however, you do not have to name a family member or next of kin as a legal guardian, friends can also be nominated. Due to the significant impact the role of Guardian has on the life of the person nominated, whether family or friend you should always ask them if they are prepared to be a Guardian before you name them in your Will.

What are the responsibilities of a Legal Guardian?

The role of guardian is a serious one, a legal guardian has the same responsibilities as parents, education, healthcare, birthdays and holidays.  All the day to day little things that a parent does should be taken over by the named guardian. Parental responsibility is transferred to your child’s guardian.

What happens if no Guardian is named?

If no guardian is named then the courts will decide who will be the best person to look after your children, and this may not be the person you would have chosen. While the courts are deciding between family members, the children in question are sometimes looked after by a family member or in some cases, they are looked after in foster homes. 

Financial and additional considerations

There are many things to consider when writing a Will as to how your estate is dealt with after your death. This includes who is to receive what and when, appointing of the executor and considering inheritance tax and possibly trusts.  It is recommended that you seek professional advice when writing a Will.

Why use a Firm of Solicitors to write your Will?

Using a Solicitor to prepare a Will gives you the peace of mind that you are getting up to date advice and the best protection.  All Wills written at T G Baynes are overseen by Solicitors who are regulated by the Solicitors Regulation Authority and have to undergo regular training to ensure that they are kept up to date with legal changes. To become a solicitor, you have to complete five to six years of study and training.  In the unlikely event of a mistake being made in the drafting of a Will, solicitors must have Indemnity Insurance to ensure that any compensation due is paid.

T G Baynes Solicitors has offices in Orpington, Bexleyheath and Dartford, and are also able to accommodate appointments in Sidcup and Welling, as well as offering home appointments.   If you would like to make an appointment please call on 020 8301 7777 or email on