This Client Situation
A young, unmarried couple with two children, currently renting their home, approached us during an incredibly difficult time.
The father had recently been diagnosed with cancer, and his medical prognosis was currently unclear.
The Challenge
Because the couple did not own property or possess significant financial wealth, they initially assumed a will might not be necessary for them.
However, they faced a critical legal vulnerability regarding their children. As an unmarried couple, it was absolutely essential for the father to formally establish the mother’s legal rights and guardianship over the children should he not survive his illness.
Additionally, they lacked a formal contingency plan for who would care for their children if both parents were to tragically pass away in an unrelated incident.
What We Did
To protect their children and provide certainty during a highly stressful medical journey, we prioritised their legal guardianship needs:
- Drafted Comprehensive Wills: We drafted tailored wills for both parents, shifting the focus from asset distribution to child welfare and protection.
- Established Primary Guardianship: We ensured the father’s will explicitly and legally appointed the mother as the guardian of their children in the event of his passing.
- Appointed Secondary Guardians: We included provisions in both of their wills to appoint trusted individuals as secondary guardians, ensuring the children would be cared for by people the couple chose, rather than leaving it up to the courts, if both parents were to pass away.
The Outcome
The parents were able to walk away with vital peace of mind during an otherwise overwhelming time. While the father’s health prognosis remains uncertain, the legal uncertainty surrounding their children’s future has been completely resolved.
Knowing that their children will be legally protected and cared for by the right people allows the couple to focus all their energy on the father’s treatment and their family.