Appointing a Guardian for Children in Your Will

Appointing a guardian in a will means naming, in writing, the person you would want to bring up your children if you and any other parent with parental responsibility were no longer alive to do so. In England and Wales this power comes from section 5 of the Children Act 1989 (legislation.gov.uk, Children Act 1989 s5, as at July 2026, subject to change).

For parents of young children this is often the most important clause in a will, and it sits alongside the parts that deal with who inherits and who administers the estate. This guide explains who can make the appointment, who can be chosen, when it starts, and how it fits within a valid will. It forms part of our wider estate planning guide. The law here is that of England and Wales, and the rules are current as at July 2026 and subject to change.

What does appointing a guardian in a will mean?

It means using your will to name the person you would want to have parental responsibility for your children if there were no surviving parent to care for them. A guardian appointed this way is sometimes called a testamentary guardian. Under section 5 of the Children Act 1989, a person appointed as a child's guardian gains parental responsibility for that child (legislation.gov.uk, s5, as at July 2026, subject to change).

Who can appoint a guardian?

A parent who has parental responsibility for a child can appoint a guardian, and so can an existing guardian or special guardian. Section 5 lets such a person appoint another individual to be the child's guardian in the event of their death (legislation.gov.uk, Children Act 1989 s5, as at July 2026, subject to change). Not every parent automatically has parental responsibility, so this is one point many people choose to check before making a will.

• Mothers. A mother generally has parental responsibility automatically.
• Fathers and second parents. Parental responsibility often depends on marriage, civil partnership, or being named on the birth registration, so it can be worth confirming your position.
• Existing guardians. A guardian or special guardian already appointed can name a successor.

Who can be a guardian?

You can name almost any adult you trust, such as a sibling, a close friend, or a grandparent, provided they are willing to take on the role. The appointment does not compel them to accept, and a named guardian can decline. Because raising someone else's children is a significant commitment, many people discuss it with the proposed guardian first rather than surprise them later.

The court retains an overriding role. The High Court may remove a guardian and appoint another where it is satisfied that doing so is for the welfare of the child (legislation.gov.uk, Children Act 1989 s6, as at July 2026, subject to change), so a will names a preferred guardian rather than guarantees the outcome.

How do you appoint a guardian in a will?

You appoint a guardian by including a clear clause in a valid will, or in a separate signed and dated document. The appointment must be made in writing, dated, and signed by the person making it, or signed at their direction in the required way (legislation.gov.uk, Children Act 1989 s5, as at July 2026, subject to change). For it to sit inside a will, the will itself has to be valid.

1. Choose the person. Decide who you would want to raise your children, and ideally ask whether they are willing.
2. Confirm parental responsibility. Check that you are able to make the appointment, as not every parent holds parental responsibility.
3. Put it in writing. Include a dated, signed guardianship clause naming the guardian, and any reserve choice.
4. Make the will valid. Be 18 or over, of sound mind, and sign it in the presence of two witnesses who are both over 18, who each sign in your presence (gov.uk, make your will legal, as at July 2026, subject to change).
5. Review it. Revisit the choice after major life changes, such as a new child or a change in the guardian's circumstances.

What happens if you do not appoint a guardian?

If there is no valid appointment and no surviving parent with parental responsibility, no one you have chosen holds the role automatically, and the court may be asked to decide who should look after the children. Gov.uk notes that if you die without a will, the law decides what happens (gov.uk, making a will, as at July 2026, subject to change). Relatives may apply to the family court, which considers the welfare of the child above all, but the process can take time and may not reflect your wishes.

Guardians, money, and provision for children

A guardian looks after a child, but that is separate from how any inheritance is held for them. Children under 18 cannot generally take an outright inheritance, so many wills leave assets on trust, with trustees managing them until the child reaches an age set in the will. Choosing a guardian and choosing trustees are two different decisions, and some people deliberately pick different people for each so that care and money are handled separately.

Where a will passes the family home to children, an estate may also be able to use the residence nil-rate band of up to £175,000 per person, on top of the ordinary nil-rate band of £325,000, though this depends on the whole estate (gov.uk, inheritance tax, as at July 2026, subject to change). Trust and tax questions of this kind can be worth discussing with a qualified professional, and our guide to How to Write a Will sets out the wider drafting picture.

Guardianship in Scotland and Northern Ireland

This guide describes the law of England and Wales, where guardianship appointments in wills flow from the Children Act 1989 (legislation.gov.uk, s5, as at July 2026, subject to change). Scotland has its own framework under the Children (Scotland) Act 1995, and Northern Ireland operates under the Children (Northern Ireland) Order 1995, so the detail differs. If your family or children are connected to more than one UK nation, it can be worth taking advice in each. For the broader context, see what our what not to put in a will note covers as well.

Frequently asked questions