For parents of children under 18, appointing guardians is one of the most important parts of making a will. A guardian is the person who will raise your children if you are no longer able to. While it is uncomfortable to think about, making this decision yourself ensures your children will be cared for by people you trust, according to your wishes.
In this guide
What is a guardian?
A guardian is someone appointed in your will to take on parental responsibility for your children if you die while they are under 18. Guardians make decisions about the child's upbringing, including where they live, their education, healthcare, and general welfare.
Guardianship is a legal role that only becomes active if there is no surviving parent with parental responsibility. If one parent dies, the surviving parent typically continues to care for the children. Guardians only step in if both parents die or the surviving parent does not have parental responsibility.
Who can be a guardian?
Any adult can be appointed as a guardian. Common choices include:
- Grandparents
- Siblings or their spouses
- Aunts and uncles
- Close family friends
- Godparents
The most important factor is choosing someone you trust to raise your children with love and in accordance with your values.
Practical considerations when choosing a guardian
Choosing a guardian involves weighing many factors. Consider the following when making your decision:
- Values and parenting style: Do they share your approach to raising children? Would they provide the kind of upbringing you would want?
- Relationship with your children: Do your children know and feel comfortable with them?
- Age and health: Are they likely to be able to care for your children for as long as needed?
- Stability: Do they have a stable home environment and the capacity to take on additional children?
- Location: Would your children need to change schools or move away from friends?
- Existing family: Do they already have children? How would your children fit in?
- Financial situation: Can they afford to raise additional children? (Your will can provide financial support through trusts)
- Willingness: Have you asked them if they would be willing to take on this responsibility?
Talking to potential guardians
Before naming someone as guardian in your will, you should discuss it with them. This gives them the opportunity to:
- Understand what the role involves
- Ask questions about your wishes
- Decline if they do not feel able to take on the responsibility
- Prepare mentally for the possibility, however remote
Naming someone without their knowledge can lead to problems. They may refuse to act when the time comes, or may feel pressured into a role they are not suited for.
Joint guardians
You can appoint joint guardians who share responsibility for your children. This is common when appointing a married couple or siblings who live near each other. Joint guardians must work together on major decisions affecting the children.
Consider whether your chosen guardians can cooperate effectively. If there is potential for disagreement, it may be better to appoint a single guardian.
Reserve guardians
It is wise to name reserve guardians who can step in if your first choice is unable or unwilling to act. Circumstances change, and the people you choose today may not be available when needed.
Reserve guardians provide a safety net and avoid the court having to make decisions about your children's care. Many families across Kent, including in Tonbridge and Sevenoaks, include multiple guardian options in their wills.
Recording your wishes and guidance
While your will names the guardians, you may want to provide additional guidance about how you would like your children to be raised. This is often done through a letter of wishes, which sits alongside your will.
A letter of wishes might cover:
- Your preferences for education
- Religious or cultural upbringing
- Contact with other family members
- Important family traditions
- Any other guidance you want to pass on
Letters of wishes are not legally binding but provide helpful guidance to guardians.
Financial provision for guardians
Raising children is expensive. Your will can create trusts to provide financial support for your children's upbringing. Trustees (who may or may not be the same people as the guardians) manage these funds and release money for the children's benefit.
This separation between guardianship and financial management can be helpful, ensuring guardians have the resources they need while maintaining oversight of how funds are used.
Reviewing your choice of guardian
Your choice of guardian should be reviewed periodically. Circumstances change: guardians may move abroad, develop health problems, or your relationship with them may change. As your children grow, their needs and preferences may also evolve.
Reviewing your will every few years ensures your guardian appointment remains appropriate.
Key takeaways
Choosing guardians for your children is one of the most important decisions you can make as a parent. Take time to consider who shares your values, can provide stability, and has a strong relationship with your children. Discuss your decision with potential guardians, name reserves, and consider providing additional guidance through a letter of wishes. Professional will writers can help you structure these provisions effectively.
Frequently Asked Questions
What is a guardian in a will?
A guardian is someone you appoint in your will to care for your children if you die while they are under 18. Guardians take on parental responsibility and make decisions about the child's upbringing, education, and welfare.
Who can be a guardian for my children?
Any adult can be appointed as a guardian. Common choices include grandparents, siblings, aunts and uncles, or close family friends. The key is to choose someone you trust to raise your children according to your values.
Should I name more than one guardian?
You can name joint guardians who share responsibility, but consider whether they can work together effectively. Many people also name reserve guardians who would step in if the first choice is unable to act.
Do I need to ask someone before naming them as guardian?
Yes. Being named as a guardian is a significant responsibility. You should discuss this with your chosen guardians to ensure they understand what is involved and are willing to take on the role if needed.
What happens if I do not name a guardian?
If no guardian is named and both parents die, the court will decide who should care for your children. This may not match your wishes and can cause uncertainty and delay during an already difficult time for your family.