Who Should I Appoint as Guardian for My Children?
Practical guidance on choosing a guardian for your children in your will, and the legal basics of testamentary guardianship.
In short
- A guardian is appointed in your will under section 5 of the Children Act 1989
- The appointment usually only takes effect once no one else has parental responsibility
- Think about values, practicalities, age and willingness, not just closeness
- Always ask the person first, and name a reserve guardian if possible
Choosing a guardian is one of the hardest decisions a parent has to make, and one of the most important reasons to have a will at all. It is not simply about picking a favourite relative or the person your children like best. It is a legal appointment, made under section 5 of the Children Act 1989, that decides who takes on parental responsibility for your children if you are no longer able to.
This guide sets out the practical and legal factors worth weighing up when choosing a guardian, how to make the appointment properly, and some of the family conversations that tend to make the decision easier rather than harder.
Start with what the role actually involves
A guardian steps into a parental role for your children, day to day, if you die while they are still under 18 and there is no one else with parental responsibility for them. That covers everyday decisions about schooling, health, where they live and how they are brought up. It is a significant, ongoing commitment, not a one-off gesture, so it is worth being realistic about who could genuinely take this on rather than who would be flattered to be asked.
It helps to separate the emotional pull of a close relationship from the practical question of capability. A much-loved grandparent, for example, may not be the right choice if their age or health means they are unlikely to be able to care for a young child for the years that could follow. A sibling with young children of their own might be willing but stretched. None of this makes someone a bad choice automatically, but it is worth thinking through honestly.
Values, stability and everyday life
Most parents want a guardian whose outlook on raising children broadly matches their own, whether that is about education, religion, discipline or simply the kind of home life your children are used to. You are not looking for someone identical to you, but someone whose approach you would feel comfortable with if you were not there to guide it yourself.
Stability matters too. Consider whether the person's own circumstances, such as their relationship, work, health and finances, are likely to remain settled enough to provide continuity for your children. It is also worth thinking about whether your children would need to move house, change school or move away from friends, and whether that disruption is manageable given everything else they would be dealing with.
- Do they share your approach to bringing up children?
- Is their own life reasonably settled and likely to stay that way?
- Would your children need to move home, school or area?
- Do your children already know and feel comfortable with them?
Always ask, and always have a reserve
It can be tempting to name someone without asking them first, particularly if the conversation feels awkward. Resist that temptation. Guardianship is a serious responsibility, and the person you choose should have the chance to think it through and say yes freely, ideally after an honest conversation about what you would expect and hope for.
It is also sensible to name a reserve guardian in your will, in case your first choice is unable or unwilling to act when the time actually comes, whether because of their own health, family circumstances, or simply because years have passed and things have changed. A reserve avoids the appointment failing altogether and the decision falling to the court instead.
Couples and joint appointments
Many parents appoint a couple jointly, such as a sibling and their partner, rather than a single individual. This can work well, but it is worth thinking about what would happen if that couple later separated, since your will would not automatically update to reflect that. Reviewing your will periodically, and certainly after any major change in your chosen guardian's circumstances, helps keep the appointment realistic.
Where you and your children's other parent are both making wills, it is usually best to agree on the same guardian in both wills to avoid confusion or conflict later. If you cannot agree, it is worth discussing why, since it often reveals a genuine difference in views about what is best for the children that is better resolved now than left unaddressed.
Separating guardianship from money
Remember that a guardian looks after your children, while money you leave for them is usually managed separately by the executors or trustees of your will. These do not have to be the same people. Some parents choose a guardian for their warmth and closeness to the children, and a different person, perhaps more experienced with finances, as trustee, so that the two responsibilities are not concentrated in one place.
This separation can also reduce pressure on a guardian who might otherwise feel burdened by managing significant sums of money on top of caring for children day to day. Making this distinction clear in your will avoids any confusion about who is responsible for what.
Questions people ask
Related guidance
- Appointing a Guardian in Your WillHow testamentary guardianship works under section 5 of the Children Act 1989 and how to choose the right guardian.
- Can a Guardian Also Be an Executor?Guardians and executors are different roles that can be filled by the same person or kept separate.
- What Happens to My Children if I Die?How care of children and any inheritance is decided if a parent dies, with or without a will.
- Making a Will When You Have ChildrenA plain-English guide to the will decisions that matter most once you have children.
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This guidance covers the law of England and Wales and is general information, not legal advice about your circumstances. The rules in Scotland and Northern Ireland differ.