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It is important to make a will because: if you die without a will, there are certain rules which dictate how the money, property or possessions should be allocated. This may not be the way that you would have wished your money and possessions to be distributed. 

Legally, the courts take care of this child until they decide on a guardian. At this juncture, the court looks at the parents' will if they had mentioned a possible guardian. If there is a will, the courts would consider the parents' wishes if it outlines who the guardian would be. 

In order to create a will, the testator needs to demonstrate they have testamentary capacity. In order to meet this test the testator must be capable of understanding: 

• the nature and effect of making a will
•  the extent of their estate
•  the claims of those who might expect to benefit from the will

This should be documented within the process to satisfy future possible concerns.