If you have children under 18, naming a guardian in your will is one of the most important things you can do. If you haven't yet, make a will today. A guardian is the person who would look after your children if you're no longer able to.

Why guardianship matters

Without a named guardian:

  • The court decides who looks after your children
  • Family members may disagree about what should happen
  • Children might end up with someone you wouldn't have chosen
  • The process can be stressful and uncertain for your children

Who can be a guardian?

You can appoint anyone over 18 who you trust to raise your children. Consider:

  • Family members (siblings, parents, other relatives)
  • Close friends
  • You can appoint more than one guardian to act together
  • You can name different guardians for different children if appropriate

What to consider when choosing

  • Values: Will they raise your children with similar values?
  • Practicalities: Do they have space? Are they nearby?
  • Age: Will they be able to care for children into adulthood?
  • Existing family: How will your children fit in? This is especially important in blended families
  • Financial situation: Can they afford to care for more children? (You can help by leaving money)
  • Relationship: Do your children know and like them?
  • Willingness: Have they agreed to take on this responsibility?

What about my ex-partner?

If your children's other parent has parental responsibility (which is usually the case), they will generally become the sole carer if you die. Your guardian would only step in if both parents are unavailable. Even so, naming a guardian is important as a backup and gives the court guidance about your wishes.

Money for guardians

Consider whether your guardians will need financial support to raise your children. You can:

  • Leave money specifically for your children's care
  • Set up a trust to manage money until children are older
  • Take out life insurance to provide for your children
Oliver Asha, Solicitor and TEP, founder of Make a Will

Oliver Asha

Solicitor · TEP · Founder of Make a Will

Oliver is a Solicitor (SRA number 372772) and a Trust and Estate Practitioner (TEP). He qualified in 2006 and he is founder at Make a Will, Make a Will Online, Digilegal Trustees and Capacity Vault. It is his mission to bring proper, solicitor-checked wills within reach of every family. He personally drafts and oversees the review of many of the guides on this site.

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