An aunt had been named as the testamentary guardian of the children but, through no fault of hers, was unable to care for them and they were received into the care of the local authority.

Advice and assistance in making a will can only be given to a client who is over 70, or disabled or suffering from a mental disorder (or a parent or guardian wishing to provide for such a person), or a single parent wishing to appoint a testamentary guardian.

Historically, in the case of a minor, the father is prima facie the proper person to act as next friend; in the father's absence the testamentary guardian if any; but any person not under disability may act as next friend so long as he has no interest in the action adverse to that of the minor.