How to Appoint a Guardian for Your Children in Your Will UK (2026)

Why this is the most important reason for parents to write a will

Most people write a will to decide who gets their money and property. But for parents of young children, the guardian appointment is often more important than any financial provision.

Consider: if you and your partner died in the same accident tomorrow, who would your children live with? Who would take them to school, make decisions about their education, be there for their teenage years? Without a will, none of your family members — however close and obviously suitable — have an automatic right to step into that role.

Anyone can apply to the court for a Special Guardianship Order or Child Arrangements Order. The court decides in the “best interests of the children” — a legal concept that takes into account many factors, but does not include your unpublished wishes.

Who can be appointed as a guardian?

A guardian must be:

• An individual (not a company or organisation)
• Aged 18 or over
• Willing to take on the role — always ask before appointing

There is no legal requirement for the guardian to be a family member, to be married, to own a home, or to be of any particular financial means — though practical ability to care for children is obviously important. You can appoint:

• A grandparent (though consider their age and health)
• A sibling
• A close friend
• Anyone else you trust completely with your children's upbringing

How to include a guardian appointment in your will

The appointment should include specific wording. There is no legally prescribed form, but it must be clear and unambiguous. A standard clause reads:

WillSafe UK will kits include a dedicated guardian appointment section with prompting guidance.

Important: who has parental responsibility?

The guardian appointment only activates when the last surviving person with parental responsibility dies. This means:

• Both parents alive: If one parent dies, the other retains parental responsibility. The guardian does not step in — the surviving parent cares for the children.
• Both parents die: The guardian appointment in the will(s) takes effect.
• Separated parents: Even if parents are separated, the surviving parent retains parental responsibility unless they have died or had it legally removed. A guardian appointed by the deceased parent does not override the living parent.

Naming a substitute guardian

Always name a substitute (backup) guardian in case your first choice:

• Dies before you
• Becomes unable to care for children due to illness
• Disclaims the appointment
• Has circumstances that have changed significantly since you wrote the will

Money for your children: the trust angle

A guardian has parental responsibility but does not automatically control money left to your children. Children cannot inherit directly until they are 18. Money left to minor children in a will is held by trustees until they reach the specified age.

Your will should name trustees (who can be the same people as the guardians, or different people) and specify the age at which children receive their inheritance outright — commonly 18, 21, or 25. This gives the trustee discretion to use funds for education, healthcare, and living expenses during the child's minority.

Review your guardian appointment regularly

Life circumstances change. Review your guardian appointment after:

• The birth of each additional child
• Major life changes for the named guardian (illness, divorce, moving abroad)
• Changes in your own relationship with the named guardian
• Each child approaching adulthood (no longer needs a guardian)