What is a testamentary guardian?
Everyone should have a will. When making that will, those who have children should ensure that all possibilities are covered in the case of the will makers untimely death while his or her children are still minors. Hence the inclusion of a testamentary guardian clause in that will.
The clause should clearly state who the guardian or guardians are. It should also state that if there is more than one child then the preference is that those children remain living together at all times.
As both parents are the natural guardians of a child, this testamentary guardianship clause shall not become operative until the second of the parents have died. The clause should go in both parents’ wills.
The guardianship issue is an often overlooked but very important provision in any will together with the thinking around it. A big decision for parents to make, and for the testamentary guardians to accept the potential responsibility.