A significant problem can arise if a person has minor children and no guardian has been appointed in a will. If this happens, a court must appoint a guardian. This often leads to disputes over guardianship and a large amount of unnecessary legal fees being incurred.
Under intestacy law, if a person dies leaving minor children, the children will inherit their share of the estate when they become 18. At the age of 18, people are often not experienced enough to make sensible decisions on how best to deal with an
inheritance. If a will is made, a trust can be created, or a provision can be made that the children would only inherit their share at a later age.