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Guardians

   Can I appoint four guardians for my two children specifying that they should both live with 2 of the chosen guardians but that the other two should have a say in their upbringing? If this is possible, how specific do you have to be? Do all parties have to agree in order to action things or can they make decisions based on majority? How does it all work?


A Guardian when appointed steps into the shoes of the parent. Careful consideration should be given to the appointment. I would hesitate in recommending the appointment of more than two due to the potential conflict that may arise between the parties.

Answered by:Mark Keenan, Editor

    I would like to leave all of my estate to my children who are aged 8 and 9. Presumably I would need to appoint my Executors to ensure that my estate was held in a trust fund until they are 18? I have obviously appointed guardians and some money would need to go towards helping them to bring up my children. How is this worked out? What happens to the lump sum being held – does it just sit in a bank account or can I instruct my Executors to invest it in any way they seem fit to grow the amount?


The Executors of your estate normally become the Trustees of the funds which can be held in Trust until what ever age you choose. The age of 18 these days is sometimes considered to be too young. Your children are entitled to the income from the trust fund when they reach the age of 18, the capital fund could be transferred when they are older at 21, 23, 25 or some other age. I would ensure however that your Trustees have wide ranging powers to cover any financial eventuality that may occur. Your Trustees will have wide ranging powers of investment. Hopefully they will seek the advices of an independent financial advisor.

Answered by:Mark Keenan, Editor