If you don't appoint a guardian when making a will and the Will is called ahead whilst
the children are still considered to be "minors" in age i.e under 18 years old then matters can be problematical particularly if there is a big estate to allocate.
If you should die without making a will and fail to designate a guardian, the courts will decide who takes charge for your "minor" children. The decision may be OK but choosing a guardian when making a will makes sure your children are looked after as you would have intended. The court system does not know your children and can't have an awareness of your wishes for them without specifying who you want to be guardians by making a will.
Forms to appoint legal guardians in accordance with section 5 of the Children Act 1989 are easy to acquire and can be fulfilled whilst making a will and held in addition or alongside your will.
If you have "minor" children at the point you are making a will naming a guardian for them is one of the most crucial considerations that as parents you will probably talk about with each other. You can always amend your Will later to suit the childrens needs as they get older and it is often considered good practice to name a minimum of 2 guardians and maybe 2 substitute guardians.
Making a will is possibly the most important legal document the typical person will ever sign. Without one, the courts-and not you-decide what happens to your assets. They can even decide what happens to your children.
About the author
I have a blog which highlights the importance of Will writing and covers the reasons as to why one should write a will. It was stated that over 70% of the UK population do not have a Will, therefore i set out to create a source of information online to assist those that do not have a Will and point the reasons as to why you should write a Will.