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Appointing a Guardian for Children in Your Will UK

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If you have children under 18, naming a guardian in your Will is one of the most important decisions you can make. Without a named guardian, a court decides who raises your children if both parents die. Do not leave this to chance.

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:

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.

Separated Parents, Unmarried Parents and Step-Parents

A guardian named in your Will does not usually step in while the children's other parent is alive and has parental responsibility. That surprises many separated parents, so it is worth knowing how the rules play out in common family set-ups in England and Wales:

See also how to appoint a guardian for your child.

Sources & references

Authoritative UK government, HMRC, statute and Citizens Advice sources. Last reviewed: 31 May 2026.

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Legally valid in England & Wales when signed and witnessed correctly · Built around the Wills Act 1837

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