Miles Herman is a clever, understated lawyer who is at the top of his game.
As unpleasant as it may seem, it is wise to consider appointing a guardian who will have responsibility over that child in the event that both parents should die. Who would step in and care for your children? Would several relatives become conflicted? By appointing a guardian for your children in your Will, you can safeguard your family from these types of issues.
In other cases, a “special” guardianship order can be sought where both parents are living but the child cannot live with them. Guardianship lasts until a child turns 18 years old.
Either parent with PRs can appoint a guardian each, and a proposed guardian must be over 18 years of age. If either of the parents die, the guardians will act with joint decision-making powers. If no guardian is appointed and both parents die, a court can appoint a legal guardian. In any event, all decisions are made with the best interests of the child at their core.
Through a proper estate plan, you can clearly outline how you wish your assets to be distributed to your children. Perhaps you do not want your children to receive their inheritance as a lump sum on their 18th birthday. You may opt for a distribution plan tailored to your specific desires. Without a Will, these important decisions are left up to the courts, and your estate may not be distributed according to your wishes.
The guardianship process is begun where the proposed guardian files a petition with a court. The court may order a home visit and criminal background check of the nominee. If instead of being nominated by parents a person files for guardianship on the basis they can prove the parents are unfit to raise that child, this will only be granted if found to be true and in the best interests of the child.
When granted authority, a legal guardian will be able to make decisions regarding the child’s education, health and upbringing. If the child is due inheritance, this will also be held in care of the guardian until the child comes of age. The guardian will manage your children’s inheritance until they are capable of managing their finances on their own at age eighteen or older.
Where both parents are still living but a child cannot live with them, a court can appoint a special guardian with PRs over that child until they come of age. As with other forms of guardianship, the central issue is whether the issue is in the best interests of the child. An existing guardian whose PRs have not vested can apply to be made a special guardian.
Before a special guardianship is approved, a local authority report will be drawn up which explains the facts of the case and incorporates the child’s feelings on the matter.
Our solicitors have nearly 40 years’ experience in handling Wills, Probate and Estate Planning matters, including in relation to guardianship of children. We offer a tailored approach that explores and addresses the personal circumstances of our clients. Contact our Wills and Probate Lawyers today on 020 7387 2032 or complete our online enquiry form.
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Miles Herman is a clever, understated lawyer who is at the top of his game.
Richard McConnell carried out conveyance for my family on 4 London flats, 1 sale and 3 purchases. In each instance he was excellent. The attention to detail and communication throughout the process was perfect. I have recommended Richard to several family members and friends who have been extremely pleased. I would have no hesitation in using Richard McConnell and Lewis Nedas in the future should the need arise.
I wanted to take the opportunity as well to thank you for everything that you have done on this case. The result that we got on Monday will have a massive positive impact not only on my life but the lives of all my family including that of my own son. I personally was struggling to hold back the tears when the sentence was being delivered by the judge and I know my father and sister felt the same too. It must be fantastic to work in a way that can have such a positive impact on people’s lives and I want you to know how much it all means to us all. Thanks a million and good luck with all that you do going forward.
Lewis Nedas advised me in a serious case of insider dealing. The lead solicitor dealing with my case was Jeffrey Lewis, who impressed me with his quick grasp of the very complex circumstances. His in-depth knowledge of how the City really works and his long experience of serious financial crime gave me great confidence. But it was also his friendly and supportive attitude, and readiness to take calls (or return them promptly if he was in court) which was very reassuring. I was delighted with the positive result of the case, and the speed and efficiency with which it was handled.
Lewis Nedas Law Limited, led by Jeffrey Lewis, is known as ‘an exceptional firm with a strong team of talented and expert criminal lawyers’. The practice offers a wide range of high-end legal services, including on cases concerning espionage, terrorism, and murder. Siobhain Egan has strong experience in multi-jurisdictional matters; recent highlight engagements concern organ trafficking and terrorism financing, among other matters. Unan Choudhury is noted for his work regarding espionage and murders, while Keith Wood is an expert in High Court contempt proceedings which arise from criminal activity. Other key figures include Miles Herman, who represents clients in complex litigations.
Hands on partner involvement leading a dynamic team who like to think out of the box. Results driven. Clear strategies. They can go toe to toe with the big “City” firms.
