Welcoming children into your family brings joy, love, and a deep sense of purpose. Alongside the excitement of parenthood comes a natural desire to protect your children and plan for their future. While it’s difficult to think about, making arrangements for the unexpected death of one or both parents is one of the most important steps you can take to ensure your children are cared for by someone you trust—whatever life may bring.
At Slater Heelis, our experienced Wills, Trusts and Probate team is here to guide you through this sensitive process with care and clarity. By including guardianship provisions in your will, you can ensure your children’s future is secure, even if the unthinkable happens.
What Is a Guardian?
A guardian is someone you legally appoint to care for your children if you’re no longer able to do so. The guardian takes on parental responsibility, meaning they’ll make decisions about your children’s education, healthcare, and day-to-day wellbeing.
You can name one or more guardians in your will. This gives you peace of mind that your children will be raised in line with your values and wishes by people you trust.
Guardianship only takes effect by will if no other person with parental responsibility remains alive, willing and capable of caring for your children after your death, and your children are below the age of 18 years at the relevant time.
Who Has Parental Responsibility?
In English law:
- Biological mothers automatically have parental responsibility.
- Fathers and non-biological parents have parental responsibility if they were married to the mother at the time of birth or are named on the child’s birth certificate (after 1 December 2003 in England and Wales).
- Step-parents, adoptive parents, and others may gain parental responsibility through legal processes such as adoption or court orders.
What Happens If No Guardian Is Named?
If no guardian is appointed and both parents pass away, the family court will decide who should care for your child—unless someone else already holds parental responsibility.
Whilst the court will strive to act in the child’s best interests, this process can be stressful and may result in a guardian being appointed whom you wouldn’t have selected. In some cases, children may be placed in temporary foster care while decisions are made.
This is why it’s so important to consider including guardianship provisions in your will.
Who Can Be a Guardian?
Any adult over 18 can be appointed. Often, this is a close family member or trusted friend.
When deciding, you need to consider:
- The age and health of the prospective guardian;
- Where they live and whether your child would need to move away from the place where they are currently being raised;
- The values, beliefs, and parenting style of the prospective guardian;
- Their financial stability and trustworthiness;
- Whether they already have a relationship with your child;
- If they have experience raising children;
- If your children have any special needs or care requirements, whether the prospective guardian understands and can accommodate these.
It is also a good idea to nominate a backup guardian in case your first choice is unable to take on the role.
Considering Blended Families
If you’re divorced, co-parenting, part of a blended family, or have adopted children, guardianship planning becomes even more important. You may need to think about:
- Whether biological parents retain parental responsibility;
- If a step-parent or ex-partner has parental responsibility or may expect to be appointed;
- How estranged relationships might affect decision-making;
- Ensuring all parties understand and agree with your wishes.
Legal advice can help you create a plan that works for your unique family setup.
Talking to Your Chosen Guardian
Before appointing a guardian in your will, speak with them. Make sure they understand the role and are willing to take it on. It’s also helpful to involve your executor or trustee, who will manage your estate and may need to release funds for your child’s care.
Financial Planning for Guardianship
Raising a child involves financial responsibility. While the guardian will care for your child, they may need financial support. You can:
- Set up a trust in your will to manage your children’s inheritance;
- Appoint trustees to oversee the funds until your children reach adulthood;
- Decide whether the guardian can access trust funds for your children’s needs;
- Leave a specific gift for the guardian to help with costs.
Some parents choose to appoint the same person to act as both guardian and trustee, while others prefer to separate these roles for balance and oversight.
Keep Your Will Up to Date
Life changes—relationships evolve, people move, and circumstances shift. That’s why it’s important to review your will every few years, especially after major life events like the birth of another child, a separation, or a change in your chosen guardian’s situation.
Final Thoughts
Choosing a guardian is a deeply personal decision, but it’s an essential part of planning for your children’s future. With the right advice and clear arrangements in your will, you can ensure your children cared for by someone you trust and in line with your own values.
Get In Touch
If you’re thinking about updating your will or making guardianship provisions, our team is here to help.
Paul Baker is an Associate Solicitor in our Wills and Probate team. He specialises in preparing lasting powers of attorney, will drafting and estate administration.
If you’d like to get in touch with Paul or another member of our team, call us on 03300 299 419 or fill out our contact form to arrange a consultation.
