How to Choose a Guardian for Your Children

If both parents die while the children are under 18, a guardian named in your will decides who raises them. Here is how to choose one and make it count.

Why it matters

If you have children under 18 and both parents die without naming a guardian, the courts decide who raises them. It might be the person you'd have picked. It might not, and family disagreements can end up in front of a judge at the worst possible time. Naming a guardian in your will keeps that decision yours.

Who can be a guardian

Any adult can be a guardian, and most people choose a relative or a close friend. The appointment normally only takes effect if there's no surviving parent with parental responsibility, so naming a guardian doesn't override your child's other parent.

What to actually weigh up

It's tempting to pick whoever feels closest, but a few practical questions matter more:

Talk to the person before you name them. Guardianship is a big ask, and you want a considered yes, not a polite one.

Back it up

Name a second choice in case your first can't act. You can also leave money towards the children's upbringing, and a short letter of wishes setting out how you'd like them raised, from schooling to religion to anything else that matters. The letter isn't binding, but it guides the guardian.

With PureWill

You can name a primary guardian and a backup as part of your will in a few minutes. It's one of the most important things a will does for a young family, and it's built into the process. Start your will when you're ready.

Ready to write your own will? Takes 20 minutes. From £79.

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Is your situation complex? Blended family, overseas property, business interests, or trusts? Please find a qualified solicitor. PureWill is for straightforward estates only.

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