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Appointing guardians for your children in your will
If you have children under 18, appointing a guardian in your will is one of the most important decisions you will ever make. Your will is the only legally recognised way to express a preference about who would care for them if you die.
Key takeaways
A guardian named in your will is the only legally recognised way to express a preference about who raises your children
Without a named guardian, the courts decide — and their decision may not match your wishes
A guardian only steps in if both parents with parental responsibility have died
Always speak to your chosen guardian before naming them in your will
You can name more than one guardian and can specify what age your children should inherit
Why appointing a guardian matters
No parent wants to think about what would happen to their children if they were no longer around. But appointing a guardian in your will is one of the most important things you can do for them — precisely because it ensures that if the worst does happen, the people who raise your children are the people you would have chosen.
Without a guardian named in your will, the decision about who cares for your children falls to the courts. A judge will make that decision based on the children’s best interests — but without any guidance from you about who you trusted, who shares your values, or who your children know and love. Your will is the only place you can make that preference legally recognised.
Important: A guardian named in your will only becomes relevant if both parents with parental responsibility have died. If the other parent is alive and has parental responsibility, they would normally take over care regardless of what your will says.
How guardianship works
When you name a guardian in your will, you are appointing someone to take on parental responsibility for your children if both parents with parental responsibility die. Parental responsibility includes making decisions about education, medical treatment, religion, and general upbringing.
A guardian named in a will does not automatically have authority over the children’s finances — that role falls to trustees or executors managing any assets held for the children. It is worth thinking about whether you want the same person or different people to fulfil these roles.
Guardianship can also be challenged by family members through the courts, though in practice a clearly expressed preference in a validly executed will carries significant weight.
Who can be a guardian?
A guardian must be aged 18 or over and have mental capacity. Beyond that, there are no formal legal requirements. You can appoint any adult you trust, regardless of whether they are a family member.
Common choices include:
A sibling or other family member
A close friend who knows your children well
A godparent
Another couple whose parenting values align with yours
There is no requirement for the guardian to be related to your children, to live locally, or to have children of their own — though all of these may be factors you want to weigh up.
Choosing the right guardian — what to consider
This is one of the most personal decisions you can make. There is no single right answer, but these are the questions most people find helpful to work through:
Do they share your values?Think about how you want your children to be raised — your religious beliefs (if any), your views on education, your cultural background. Would this person honour those things?
Do your children know them?A guardian who is already a familiar, loved presence in your children’s lives is much easier for the children to adjust to than a stranger, however well-intentioned.
Do they have the capacity?Consider their age, their own family situation, their financial stability, and whether they are realistically able to take on additional children.
Where do they live?A guardian who lives nearby minimises disruption to your children’s school, friends, and wider family network. A guardian who lives far away — or in another country — may create significant upheaval.
Are they in a stable situation?A guardian in a long-term, stable relationship and home is likely to provide more continuity than someone whose circumstances are more uncertain.
It is worth separating the question of who would be the best guardian from who you feel you should ask. The best guardian is whoever would genuinely provide the most stable, loving environment for your children — even if that is not the most obvious choice.
Appointing more than one guardian
You can appoint more than one guardian. If you appoint a couple, be aware that if they separate in the future, both would technically retain guardianship — which could create complications. Many people prefer to appoint an individual rather than a couple for this reason, even if the expectation is that a partner would also be involved in practice.
You can also appoint a substitute guardian — someone who would step in if your first-choice guardian is unable or unwilling to act. This is a sensible precaution, particularly if your first choice is elderly or in uncertain health.
Talk to your chosen guardian before naming them
This is essential. Being named as a guardian for someone else’s children is a significant responsibility. Before naming anyone in your will, have an honest conversation with them about:
Whether they are willing to take on the role
Your wishes for your children's upbringing
The financial arrangements that would be in place (if relevant)
Any specific needs or considerations your children have
A guardian who has been named without warning may feel overwhelmed, or may not be in a position to accept the role when the time comes. Having the conversation in advance — difficult as it may feel — is always the right approach.
What happens if no guardian is named?
If you die without naming a guardian — or if your named guardian cannot act — the courts will decide who cares for your children under the Children Act 1989. The court’s priority is the best interests of the children, which is the right priority. But the court will make this decision without the benefit of knowing who you trusted, who your children are close to, or what kind of upbringing you wanted for them.
This is avoidable. Naming a guardian in your will takes minutes and gives the people you love — and the courts — clear guidance about your wishes.
Frequently asked questions
Can I appoint different guardians for different children?
Yes. If you have children from different relationships, or children with significantly different needs, you can appoint different guardians for different children. This is unusual but entirely possible.
What age do children stop needing a guardian?
Guardianship only applies to children under 18. Once a child turns 18, they are legally an adult and no longer require a guardian.
Can I specify what age my children inherit?
Yes. You can include a trust in your will that holds your children’s inheritance until they reach a specified age — commonly 21 or 25. Without this, children would inherit at 18, which may not be appropriate depending on the amounts involved.
Can my guardian also be my executor?
Yes. There is no legal restriction on the same person being both your executor and your children’s guardian. Many people prefer to keep these roles separate, however, so that different people are responsible for the financial and personal aspects of the estate.
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