For parents, making a will is about more than deciding who receives money or property. It can also be an opportunity to set out who you would want to care for your children if you die while they are still under 18.
Choosing a guardian is therefore one of the most important decisions parents can make when preparing a will. The right person will need to be able to provide a safe, stable and supportive home, while also understanding your children's individual needs.
What is a testamentary guardian?
A testamentary guardian is someone appointed by a parent in their will to take responsibility for a child after the parent's death. In England and Wales, testamentary guardianship can give the appointed person parental responsibility where the legal conditions are met. Your will should clearly identify the person you want to act as guardian. It is also sensible to discuss the decision with them before making or updating your will.
What should you consider when choosing a guardian?
There is no single answer that works for every family. You might consider:
Relationship with your children: A close family member or trusted friend may already understand your children's personalities and routines.
Age and health: The guardian should realistically be able to care for your children throughout their childhood.
Location: Consider whether moving your children would mean changing schools, leaving friends or moving away from other family members.
Values and parenting approach: Think about whether the proposed guardian shares important values and would respect the way you want your children raised.
Financial circumstances: Guardians do not necessarily have to use their own money to raise the children. However, the financial arrangements surrounding the children should be considered as part of the wider estate plan.
Can you name more than one guardian?
Parents should take care when deciding whether to appoint one person or more than one person. For example, appointing a couple may seem straightforward, but circumstances can change if their relationship breaks down or one person dies.
It may also be sensible to name replacement guardians in case your first choice cannot or does not wish to act.
What if the other parent survives?
Appointing a guardian in your will does not simply override another person who already has parental responsibility. The legal position depends on who has parental responsibility and the circumstances following the parent's death.
This is one reason why parents with complicated family circumstances should consider taking legal advice when preparing their wills.
Think beyond the appointment
A good estate plan can also consider where money for the children should come from, who should manage that money and when children should receive assets.
Your will can therefore form part of a wider plan designed to protect your children's financial and personal welfare.
Conclusion
Choosing guardians for your children is a decision that deserves careful thought. Consider the person's relationship with your children, their ability to provide long-term care and what would happen if your first choice could not act.
Your will should clearly record your wishes and be reviewed after major changes in your family circumstances. GOV.UK recommends considering who should look after children under 18 when making a will.