There are so many things to think about when you become parents for the first time it can often be bewildering. Coles Miller Solicitors, one of Dorset’s leading law firms, advises parents on the legal issues they should consider when having children.

Make a will
As many as six out of ten people in the UK have not made a will. No one likes to think about what will happen when they die, but making a will ensures your family and loved ones won’t have to spend months sorting out what can sometimes be quite complicated financial and legal situations.

If you have children then this is even more important. By making a will you are ensuring that your property, money and other assets are divided and left to the people you wish, and by seeking advice from a solicitor you can make sure your will is as tax efficient as possible. Inheritance tax currently swallows up 40% of your estate upon death if it equates to over £300,000 (including any property). This does not apply if it is transferred between spouses.

If you have children from a previous relationship or stepchildren you should get advice from a solicitor.
Once you have drawn up a will, you can change it later on and it's a good idea to update it as circumstances change, if you have another child, for example, or move house.
Appoint a legal guardian
Think about nominating a legal guardian to look after your children in the event of your death. Whilst it is extremely unlikely both parents will die at the same time, it is wise to have a plan in place. Your children’s guardian would be responsible for your children’s upbringing in the event of your death. If you don't specify anyone, it will be left to surviving relatives to sort out who looks after your children, and it may end up being someone you would never have chosen yourself.
The person or people who you choose must understand what it would involve and be fully in agreement. You'll need to talk through all aspects, including financial responsibility.

They need to be physically and financially able to take on the responsibility and it should be someone who will love your children unconditionally and provide them with the stability and support that they will need throughout their lives. Ideally they should have the same values as you and they should continue to maintain relationships with the children’s wider family and social networks.

People you could consider include
? Grandparents
? Your own siblings
? Friends
? Godparents

Make sure you let your family and close friends know your decision. Even if someone is named in your will, legally your decision can be contested in court. If everyone's aware of your wishes and why you've chosen that particular person then this is unlikely to happen.
Depending on the age of your children, you may also want to tell your children.
You can change your mind. You may feel at a later date that the person you nominated as guardian might not be the most suitable anymore. This may because their own circumstances have changed and they may no longer be able to take on the care of your children.
If you're a single parent then it's all the more important that you nominate a legal guardian.

What if you are unmarried? Parental Responsibility

It is increasingly common for couples to start a family without being married. Whilst this is now widely accepted, couples should be aware of the legal implications and their parental rights and responsibilities.
Many people will be unaware that whilst a mother automatically has parental responsibility for her child, under law, the father only has responsibility if he is married to the mother or has acquired legal responsibility for his child. Living with the mother, even for a long time, does not automatically give a father parental responsibility and he cannot obtain it simply by virtue of the mother passing away.

Parental responsibility does not relate to financial liability for your child. All birth or adoptive parents have a legal duty to financially support their child, even if they do not have parental responsibility. Having parental responsibility means that you have the right to make important decisions about your child's life in areas like medical treatment and education. It also means that you have a duty to care for and protect the child.

Unmarried fathers can acquire parental responsibility by registering the child's birth jointly with the mother at the time of birth - this is now quite common and many parents choose to do this. Alternatively a father can also apply to the courts for parental responsibility.

If you would like any advice on family related legal issues, please give the team at Coles Miller a call and they will be happy to help.