Protecting Your Children At All Ages Through Estate Planning

An original version of this article was first published in the Jersey Evening Post, September 2026.

Protecting young children 

If you have young children, a crucial aspect of estate planning is the appointment of a guardian and/or tuteur. This is because minors (i.e. anyone under the age of 18) are generally not permitted to administer their own property by themselves.

A guardian is responsible for the day-to-day care and welfare of a minor and will make decisions relating to their education, healthcare, and general upbringing. A tuteur, on the other hand, manages a minor's property and financial affairs. A tuteur is required when a minor inherits or acquires immovable property and/or any movable assets having a value in excess of £25,000. 

When making a Will you can appoint a guardian and/or tuteur in the event of both parents dying before your children reach adulthood. In the absence of any such appointment, difficult decisions will be left to the court, and the result may not be in accordance with your wishes. 

Supporting children through education and early adulthood

As children grow up, their financial needs change. Tuition fees, accommodation costs, travel expenses and career opportunities can all create financial pressures.

Trust structures and provisions in a Will can provide flexibility and reassurance, allowing funds to be distributed at appropriate stages, rather than as a lump sum at a young age. This provides financial stability and reduces the risk of funds being spent prematurely as a result of poor financial decisions.

A Letter of Wishes can also accompany your Will, providing guidance to the trustee/executor on your children's care, education and the manner and timing of any major payments.

Protecting adult children 

Estate planning remains important even when children become independent adults.

Life often brings challenges and risks, including purchasing a first home, raising children of their own, business failures and divorce. Children may also have different needs, circumstances and levels of financial experience, all of which should be considered.

Proper estate planning can enable you to balance equality with fairness and to tailor your arrangements to your family's particular circumstances. For example, you could record any lifetime gifts, specify how any outstanding loans should be dealt with, and confirm the ownership of valuable items in your Will. 

Providing for vulnerable children 

It is particularly important to give careful consideration to children with a disabilities, long-term medical conditions, addiction issues, or other vulnerabilities. 

A gift/legacy of a lump sum gift may impact a child's future entitlement to benefits, expose them to exploitation or create a risk of financial mismanagement. Tailored provisions in your Will can help preserve financial security while ensuring that funds are managed appropriately.

Decision-making authority – Lasting Powers of Attorney

A Lasting Power of Attorney ("LPA") can help ensure continuity and stability for both you and your family in the event that you lose mental capacity. There are two types of LPA. 

An LPA for Property and Affairs allows you to appoint someone whom you trust (known as an attorney) to manage your property and financial affairs. Depending on your preference, your attorney can act once the LPA has been registered and/or once you have lost capacity. This can include paying household expenses, paying tuition fees, and managing your finances generally.

An LPA for Health and Welfare allows you to appoint someone to make decisions regarding your medical treatment, care and wellbeing once you lose mental capacity.

Your attorneys do not need to be the same individuals for each LPA, allowing you to appoint those best suited to the different roles.

Where an adult child is permanently or temporarily incapacitated and unable to make decisions for themselves, their parents do not automatically have authority to make decisions on their behalf, nor do adult children automatically have authority to act for their parents in such circumstances. If you wish a family member to make decisions on your behalf should you lose capacity, it is important to appoint them as your attorney under an LPA.

Where a person has already lost capacity and is unable to put an LPA in place, a court application may be required to appoint a delegate to manage their financial affairs. However, a court appointed delegate cannot make decisions relating to their health and welfare, highlighting the importance of putting an LPA in place while you have capacity.

Protecting future generations and stepchildren 

Estate planning is not only about protecting your immediate family. It also provides an opportunity to create a lasting legacy for future generations, including grandchildren and future descendants. By putting a Will in place, you can make provision for family members who may be born in the future, avoiding the need to update your Will each time your family grows.

Estate planning is also particularly important for blended families. For example, a stepchild would not have any right to receive any part of a step-parent's estate unless the step-parent left property to the stepchild by means of a Will. 

Importance of regular reviews

Significant life events in the future, such as marriage, divorce, changes in financial circumstances, the birth of grandchildren, or health issues, may affect the suitability of your current arrangements. Regular reviews will help to ensure that your estate plan continues to reflect your wishes and family circumstances.

At its core proper estate planning is about protecting loved ones, providing certainty during difficult times, and ensuring that the right people can make decisions on your behalf when needed. Whether you wish to update your Will or put LPAs in place, Carey Olsen can help you put the appropriate arrangements in place, providing peace of mind for both you and your family.