A guardian clause in a Spanish will is a provision where the person making the will (the testator) appoints someone to act as the legal guardian (tutor) of their minor children, if both parents die while the children are under 18.
Here’s how it works:
- Under Spanish law, if both parents with parental authority have died, a court will appoint a guardian to take responsibility for the children’s care and for managing any inheritance they receive.
By including a guardian clause in a will, parents can state their preference for who should take on this role.
- The court will usually respect this appointment, unless the chosen person is unable or unsuitable.
Why it matters: A guardian clause gives parents peace of mind. It avoids uncertainty and family disputes at a difficult time, and it helps ensure that children are cared for by someone the parents know and trust, rather than leaving the decision entirely to the courts.
