Appointing a guardian for your Child/Children in your Will

by | Sep 10, 2021 | Wills

ChildIt is definitely worth considering this if you have children under 18 years of age and are drafting your Will.

If you don`t then if you and your spouse die then the court will decide who will act as their guardian and it may not be the person you would have chosen for the role.

Guardians therefore play an important role for parents when making your Will and the right choice can provide you with peace of mind should the worst of circumstances occur.

Your Will can also appoint trustees who can oversee and provide the guardians appointed with the necessary financial funding when required for your child`s benefit for example: school fees.

As a parent you can also provide a letter of wishes to accompany your Will and set out guidance on how you wish your Guardians to act and fulfil your wishes.

It is worth noting that the guardians can only act once you or anyone else who has Parental Responsibility (PR) for the child has died and not before.

You automatically have PR as a mother of your child, but you don`t just because you are the father of a child. You can however also acquire PR if you marry the mother, or your name is on the child`s birth certificate or if you have obtained a PR agreement.


The information provided is of a general nature. It is not a substitute for specific advice in your own circumstances. You are recommended to obtain specific professional advice from an appropriate professional before you take any action or refrain from action. Whilst we endeavour to use reasonable efforts to furnish accurate, complete, reliable, error free and up-to-date information, we do not warrant that it is such. We and our associates disclaim all warranties. The information can only provide an overview of the regulations in force at the date of publication, and no action should be taken without consulting the detailed legislation or seeking professional advice.

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