Appointing a Guardian in Your Will: A Complete Guide for Parents

Most parents don't like to think about it — but if something happened to both of you tomorrow, who would raise your children?

Without a will, that decision wouldn't be yours to make. A court would decide. It might not be who you'd choose.

Appointing a legal guardian in your will takes that decision out of the hands of the courts and puts it where it belongs — with you. GOV.UK explains how to appoint a guardian in your will.

What Is a Minor in England & Wales?

In England and Wales, a minor is anyone under the age of 18. Children under 18 cannot legally make certain decisions for themselves, which is why parents must plan ahead.

If both parents die without clear arrangements, there can be uncertainty about:

• Who will care for the child
• How decisions about upbringing will be made

Why Appointing a Guardian in Your Will Is Essential

A guardian is the person you legally appoint to care for your child if you pass away before they turn 18.

Under the Children Act 1989, parents with parental responsibility can appoint a guardian in their will.

If you don't appoint a guardian:

• The court decides who looks after your child
• Family disagreements can arise
• Your child may be placed with someone you would not have chosen

If you do appoint a guardian:

• You stay in control of who raises your child
• You provide clarity and stability for your family
• You reduce the risk of disputes

When Does a Guardian Take Responsibility?

A common question is: when does a guardian actually step in?

In England and Wales:

• If one parent dies, the surviving parent usually continues to care for the child
• A guardian typically takes responsibility only if there is no surviving parent with parental responsibility
• In rare cases of dispute, the court will decide what is in the child's best interests

How to Choose the Right Guardian

Choosing a guardian is a deeply personal decision. There is no perfect choice — but there are important factors to consider.

Think about:

• Their parenting values and lifestyle
• Their relationship with your child
• Their age, health, and long-term stability
• Where they live (location, schools, environment)
• Whether they are willing to take on the role

Always speak to your chosen guardian in advance to make sure they are comfortable with the responsibility. You can also appoint a substitute guardian in case your first choice is unable to act.

A Letter of Wishes: Guiding Your Guardian

A letter of wishes sits alongside your will. It isn't legally binding, but it gives your guardian invaluable guidance on how you'd want your child raised.

You can include:

• Education preferences
• Religious or cultural wishes
• Parenting values and routines
• Any specific hopes for your child's future

Think of it as a letter to the person stepping into your shoes — the more detail you provide, the more confidently they can act in your child's best interests.

A Note on Financial Arrangements

Guardianship covers day-to-day care — but it doesn't automatically cover your child's finances. Children under 18 cannot inherit assets outright in England and Wales, so you'll also need to consider how any inheritance is managed on their behalf, typically through a trustee named in your will.

Guardian vs Trustee: Understanding the Difference

Many parents assume the guardian they appoint will also manage their child's money. In England and Wales, this is not automatically the case — and understanding the distinction is important.

A guardian has legal responsibility for the day-to-day care and upbringing of the child. They make decisions about where the child lives, which school they attend, their medical care, and their general welfare.

A trustee manages the financial assets left for the child until they are old enough to receive them directly.

These roles can be held by the same person — but they do not have to be. In fact, there are good reasons to separate them in some situations. A guardian who is excellent at parenting may not have the financial expertise to manage a significant inheritance wisely. Conversely, a financially capable trustee may not be the right person to provide day-to-day care.

You can name your guardian and your trustees separately in your will. If you do combine both roles in one person, make sure they are genuinely capable of handling both responsibilities — and consider appointing a professional trustee (such as a solicitor) alongside them for the financial side.

What Powers Does a Guardian Have?

Under the Children Act 1989, a guardian appointed in a will acquires parental responsibility for the child when they take on the role. This gives them the same legal authority as a parent to:

• Make decisions about the child's education, including school choice
• Consent to medical treatment on the child's behalf
• Apply for a passport for the child
• Make decisions about the child's religious upbringing
• Determine where the child lives

A guardian does not, however, have an automatic right to the child's financial assets. Those are managed by the trustees named in the will (or by the court-appointed administrator if there is no will).

One important limitation: if the other parent is still alive and has parental responsibility, they continue to care for the child. Your appointed guardian only steps in when there is no surviving parent with parental responsibility.

Can You Appoint More Than One Guardian?

Yes. You can appoint more than one guardian in your will. If you do, you will need to consider how they will make decisions together. Unlike attorneys under an LPA, the Children Act 1989 does not specify a default decision-making structure for multiple guardians — so disagreements between guardians can end up being resolved by the family court.

If you appoint multiple guardians, a letter of wishes that sets out how you would like them to work together can reduce the risk of conflict. You might also specify in your will whether guardians must agree jointly on major decisions, or whether each can act independently on day-to-day matters.

What If Your Chosen Guardian Cannot Act?

Life circumstances change. Your chosen guardian may predecease you, become seriously ill, move abroad, or simply decide they are no longer in a position to take on the responsibility. It is important to plan for this possibility.

You can appoint a substitute guardian in your will — someone who steps in if your first choice is unable or unwilling to act. Always speak to your substitute guardian in advance to confirm they are willing to take on the role. A guardian who is named in a will but refuses to act cannot be forced to do so.

If no guardian is available or willing to act, the court will appoint a guardian. This is exactly the situation a well-drafted will is designed to avoid.

Guardianship and Blended Families

Guardianship planning is particularly important — and particularly complex — in blended families. Consider the following situations:

Children from a previous relationship: If you have children from a previous relationship and your new partner is not their legal parent, your new partner has no automatic right to care for those children. Your ex-partner (if they have parental responsibility) would ordinarily continue to care for the children. You can still express your wishes through a guardian appointment and a letter of wishes, even if those wishes are not legally binding in all cases.

Stepchildren: A stepparent does not automatically acquire parental responsibility for a stepchild simply by marrying the child's parent. If you want your current partner to have a role in your child's upbringing after your death, this needs to be formally arranged — either through a guardian appointment in your will or through a parental responsibility agreement.

Children with different parents: If your children have different other parents (each with parental responsibility), the situation becomes more complex. Each child's circumstances may need to be addressed separately in your will and letter of wishes.

Getting professional advice when drafting your will in a blended family situation is strongly recommended.

What Happens If You Die Without a Will?

• You have not legally appointed a guardian
• The court decides who cares for your child
• Your estate is distributed under intestacy rules

This can create delays, uncertainty, and additional stress for your loved ones at an already difficult time.

When Should You Review Your Will?

Your will should reflect your current circumstances. Review it after:

• The birth or adoption of a child
• Marriage or civil partnership
• Divorce or separation
• Changes in your chosen guardian's circumstances

Read about financial provision for your children in a will.

See how to make a will online and name your guardians.

Create your will today and appoint your chosen guardians.

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