Why Naming a Guardian Matters
If both parents die while children are under 18, someone must take over parental responsibility. Without a named guardian in a Will, the court decides — it may not be the person you would have chosen, and the process can be distressing and slow for the children.
💡 A guardian and a trustee are different roles. The guardian raises the children. The trustee manages any inherited money. You can appoint the same person for both — or different people.
How to Choose a Guardian
Consider:
- Values and parenting style — do they share your approach to education, religion, lifestyle?
- Relationship with the children — do your children know and trust this person?
- Practicalities — do they have the capacity and willingness to take on the role?
- Location — would the children have to move schools, areas, countries?
- Their own family — do they already have children? How would that work?
Appointing a Guardian in Your Will
Name your guardian in your Will with their full name and address. You can appoint joint guardians (useful for couples) or a substitute guardian in case your first choice cannot act. The appointment takes effect only when all people with parental responsibility have died.
Can a Guardian Be Changed?
Yes — you can update your Will at any time to change the named guardian. Review your choice if circumstances change: the guardian moves abroad, has a significant lifestyle change, or your relationship changes.
A Note on Trustees for Children
Children under 18 cannot inherit directly. Any legacy left to a minor child is held by trustees until they reach the age you specify in the Will (18 minimum; you can extend to 21 or 25). Choose trustees carefully — ideally people with financial common sense.
Sources & references
Authoritative UK government, HMRC, statute and Citizens Advice sources. Last reviewed: 31 May 2026.
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