It is not commonly known that in Scotland a clause can be inserted into a Will appointing a guardian to children who may be under 16 at the time of the parent’s death.
Here are the important points to note:
- The guardian becomes a substitute for a deceased parent.
- The guardian acquires parental rights and responsibilities that take effect as soon as the parent dies.
- The guardian must be 16 years or older.
- More than one guardian may be appointed.
- The appointment is effective only