Making a Will as a Single Parent: Key Legal and Practical Considerations

Becoming a parent is a wonderful and life-changing event, and for single parents, the responsibility can feel even greater. 

One of the most important steps you can take to protect your child’s future is to make a will. A well-drafted will ensures that your wishes are respected and that your child is cared for, both emotionally and financially, should anything happen to you. Here are the key considerations for single parents when making a will.

Appointing a Guardian

Perhaps the most crucial decision for a single parent is appointing a guardian for your child. This is the person who will take on parental responsibility if you pass away before your child turns 18.

• Choose Carefully: Consider who shares your values, has a good relationship with your child, and is willing and able to take on the role.
• Discuss Your Choice: Speak to your chosen guardian beforehand to ensure they are comfortable with the responsibility.
• Name a Substitute: It is helpful to name an alternative guardian in case your first choice is unable or unwilling to act when the time comes.

The legislation in this area is the Guardianship of Infants Act 1964. Section 6 of the Act provides that, on the death of the parent of an infant, any surviving parent shall be the guardian either alone or jointly with any guardian appointed under a Will. Section 7 of this Act specifies that the guardian named under the Will (testamentary guardian) shall act alongside any surviving parent as joint guardians. Either the testamentary guardian or a surviving parent can apply to court for orders pertaining to the custody of the infant.

Financial Provision for your Child

You will want to ensure that your child is financially secure. This involves deciding how your assets will be managed and distributed.

• Trusts for Minors: Children under 18 cannot inherit directly. You can set up a trust in your will, specifying how and when your child should receive their inheritance.
• Appointing Trustees: Trustees manage the assets on behalf of your child until they reach the age you specify (often 18 or 21). Choose people you trust to act in your child’s best interests.
• Specific Gifts: You may wish to leave particular items or sums of money to your child or others.

You will also need to appoint an executor(s). This is the person(s) who carry out your wishes. They can be the same people as the trustees.

Letter of Wishes

While not legally binding, a letter of wishes can accompany your will. This document can provide guidance to guardians and trustees about how you would like your child to be raised, educated, or supported. 

Reviewing your Will

Circumstances change over time. Review your will regularly, especially if there are changes in your family situation, finances, or if your chosen guardian’s circumstances change. 

It is also important to let your executor, trustees, guardian know where your original Will is stored - and perhaps retain a copy at home.

Conclusion

Making a will as a single parent can be complex, particularly when trusts and guardianship are involved. It’s advisable to speak to your solicitor to ensure your will is valid and reflects your wishes accurately.

Elaine Byrne is a solicitor with Elaine Byrne Solicitors in Athboy, County Meath

Disclaimer: Please note that this article is for general information purposes only and does not purport to be legal advice. While every care has been taken in its production, no legal responsibility or liability is accepted warranted or implied by the author, publishers or the Law Society of Ireland in respect of any errors, omissions or misstatement. Readers are advised to seek independent professional legal advice before acting on anything in this article.