How do I appoint a guardian for my child?
You appoint a guardian for your children in your will (or in a separate signed, dated and witnessed document). The guardian takes parental responsibility if both parents (with parental responsibility) die while the child is under 18. It is one of the most important reasons for parents to make a will — without it, the courts decide who raises your children.
Detailed explanation
Naming a guardian puts the decision in your hands rather than a court's.
- Appoint in your will; it takes effect if there is no surviving parent with parental responsibility.
- Choose someone willing and able — discuss it with them first.
- Consider a substitute guardian in case your first choice can't act.
- You can leave a letter of wishes about upbringing, and provide funds via a trust.
Parents of two young children name the mother's sister as guardian, with a close friend as substitute, and set up a trust in their wills to hold money for the children's care until they reach adulthood. If both parents die, the arrangements they chose take effect automatically.
- Complete the questionnaireA few guided questions about you, your family and your wishes.
- Structured reviewYour answers are checked automatically for completeness and consistency before your will is produced.
- Receive your documentsYour will and supporting paperwork are produced, ready to print.
- Sign correctlyClear instructions on signing and witnessing so the will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- Wills Act 1837, section 9 (valid execution) — legislation.gov.uk
- GOV.UK — Making a will
- Citizens Advice — Wills
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
Frequently asked questions
How do I appoint a guardian for my child?
You appoint a guardian in your will. They take parental responsibility if both parents with parental responsibility die while the child is under 18. Choose someone willing and able, and consider naming a substitute.
What happens to my children if I die without naming a guardian?
If no guardian is appointed and there is no surviving parent with parental responsibility, the courts decide who looks after your children — which may not be who you would have chosen.
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