For parents of young children, one of the most important reasons for making a Will is to ensure that arrangements are made for their children if they die. Having a clear plan in place can provide reassurance and avoid uncertainty at an already difficult time.
A guardian is someone appointed to take responsibility for a child if there is no surviving person with parental responsibility who can care for them. A guardian may be a family member, close friend or another person whom you trust to look after your children and make important decisions about their upbringing.
When choosing a guardian, it is important to consider more than simply who you would like your children to live with. You may wish to think about their relationship with your children, their age, health, lifestyle, location and whether they share your views about your children’s upbringing.
Yes. A parent can appoint a guardian in their Will. However, the appointment does not necessarily mean that the guardian will immediately take over responsibility for the children.
The position depends on who has parental responsibility at the time of the parent’s death. For example, where parents are separated but both have parental responsibility, the surviving parent will generally continue to have parental responsibility. A testamentary appointment of a guardian does not simply remove the surviving parent’s parental responsibility.
This is why it is important to consider your individual family circumstances when making a Will.
Where both parents have died, having guardians appointed in Wills can be particularly important. If a valid appointment is in place, the appointed guardian can assume parental responsibility in the circumstances provided for by law.
If there is no suitable guardian appointed, the court may ultimately need to become involved in determining arrangements for the children. The court’s paramount consideration is the child’s welfare.
Making a Will therefore gives parents an opportunity to express their wishes clearly and, where appropriate, nominate the person or people they would want to care for their children.
Guardianship and inheritance are separate issues. Your Will should also deal with what happens to your children’s inheritance if they are under 18.
A child cannot generally inherit in the same way as an adult. Your Will can therefore include provisions allowing assets to be held on trust for children until an age you consider appropriate, rather than passing directly to them at 18.
You may also wish to appoint trustees to manage the children’s inheritance and decide how funds can be used for their benefit, such as education, maintenance or other expenses.
Some parents choose grandparents, siblings or other relatives, while others choose close friends. It is also sensible to discuss your wishes with the people you are considering before naming them in your Will.
You should also consider appointing substitute guardians in case your first choice is unable or unwilling to act.
Making a Will is about more than deciding who receives your estate. For parents of minor children, it is an opportunity to make important decisions about who should care for their children and how their financial interests should be protected.
Article dated: 21/09/2026
Bethany is our Wills & Probate Paralegal based at our Melton Mowbray Office.
She has an impressive law background after achieving an Honours Bachelor of Law and a Bachelor of Criminology and Criminal Justice. Beginning her career as a Litigation Paralegal in the Supreme Court of Queensland, Australia, Bethany has moved to th United Kingdom to become admitted as a Solicitor.
Outside of work, Bethany enjoys walking through the countryside with her dog as well as horse riding.
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