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.
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:
- Separated or divorced parents: if you die first, the other parent normally continues to care for the children. Your chosen guardian would only act if both of you have died, or in limited cases where a court order said the children lived with you.
- Unmarried fathers: a father who is not married to the mother has parental responsibility if he is named on a birth certificate registered from 1 December 2003, or has it by agreement or court order. Without it, he cannot appoint a guardian in his Will.
- Step-parents: a step-parent does not have parental responsibility just by marrying a parent. If you want your partner to bring up your children, name them as guardian in your Will.
- Couples: each parent should name the same guardian in their own Will, so the choices do not conflict. Mirror Wills make this straightforward.
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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