Guardians in Wills: Why Every Parent Should Plan Ahead

For parents, making a Will is about far more than deciding who inherits assets. One of the most important decisions a parent can make is appointing a guardian for their children. Despite this, many people overlook the issue or assume their family will “work it out” if the worst happens.

Including guardianship provisions in a Will can provide certainty, avoid family disputes, and ensure children are cared for by someone the parents trust.

What is a guardian?

A guardian is a person appointed to take responsibility for a child if both parents die before the child turns 18. The guardian will usually make important decisions about the child’s upbringing, including:

Appointing a guardian gives parents the opportunity to choose who they believe is best placed to raise their child in accordance with their wishes and values.

Why is it Important to appoint a guardian?

Without a valid appointment of a guardian, uncertainty can arise about who should care for a child. Family members may disagree about arrangements, potentially leading to disputes at an already emotional time.

If there is no surviving person with parental responsibility and no guardian appointed, the family court may become involved in deciding who should look after the child. While the court’s paramount consideration will always be the child’s welfare, the outcome may not reflect what the parents would have wanted.

By appointing a guardian in a Will, parents can:

Who can be appointed as a guardian?

Parents can appoint anyone they trust to act as guardian, provided the individual is over 18. Common choices include:

When choosing a guardian, parents should consider practical and personal factors, such as:

It is also sensible to speak to the proposed guardian in advance to ensure they are comfortable accepting the responsibility.

Can more than one guardian be appointed?

Yes. Parents often appoint joint guardians, such as a couple or two family members. It is also possible to appoint replacement guardians in case the first choice is unable or unwilling to act when needed.

Having substitute appointments can help future-proof the arrangements and avoid uncertainty later on.

Does appointing a guardian give them financial responsibility?

Not automatically. Guardians are responsible for the child’s care and upbringing, but they do not necessarily control money left to the child.

For this reason, parents should also consider who they appoint as trustees under their Will. Trustees manage assets on behalf of children until they reach the age specified in the Will. In some cases, the same people act as both guardians and trustees, but this will not always be appropriate.

Careful drafting can help ensure adequate financial provision is available to support the child’s upbringing.

Reviewing guardianship arrangements

As family circumstances change, guardianship appointments should be reviewed regularly. Events that may prompt an update to a Will include:

A Will should reflect current wishes and circumstances to ensure it remains effective.

Final thoughts

Appointing a guardian is one of the most significant decisions parents can make when preparing a Will. While it can be difficult to think about worst-case scenarios, taking the time to put proper arrangements in place can provide invaluable peace of mind.

A carefully drafted Will ensures that, if the unexpected happens, children are cared for by people their parents know and trust. Seeking professional advice can help ensure the appointment is valid and that wider financial arrangements are also properly considered.