Last Updated: 19 October 2026 I Reading Time: 6 minutes
Summary
Making a will is an important part of planning for your family’s future. For parents, it can also provide an opportunity to appoint a legal guardian for their children if they die while their children are still under 18.
Research reported by Today’s Wills & Probate on 2 October 2026 found that nine in ten parents surveyed had not appointed a legal guardian in their wills. The research also found that 62% of parents surveyed either did not have a will or had one that was out of date.
These findings highlight why parents should consider more than just their finances when making a will. Thinking about who could care for your children, discussing your wishes with the person you choose and keeping your will up to date can all form part of planning for the unexpected.
Quick answer
If you have children under 18, you should consider appointing a suitable guardian in your will. Under section 5 of the Children Act 1989, a parent with parental responsibility can appoint someone to act as their child’s guardian if they die. The appointment does not automatically override a surviving parent who retains parental responsibility. Choosing a guardian can help record your wishes and provide greater clarity about your children’s future care.
In this article
- Why parents should consider appointing a guardian
- What the latest research tells us
- How legal guardianship works in England and Wales
- Who you can appoint as a guardian
- What to consider when choosing a guardian
- How to appoint a guardian in your will
- When to review your will
- How GLP Solicitors can help
- Frequently Asked Questions
Key takeaways
- A will can do more than explain how your money and property should be distributed.
- Parents with parental responsibility can appoint a guardian for their child in the event of their death.
- A guardian may take on parental responsibility when the appointment takes effect, subject to the circumstances and applicable law.
- A guardian appointment does not automatically remove the parental responsibility of a surviving parent.
- Choose someone who is willing and able to care for your child, taking their needs and circumstances into account.
- Discuss your wishes with your proposed guardian before making the appointment.
- Review your will when your family circumstances change.
- Professional legal advice can help you make a valid will that reflects your wishes.
Why should parents appoint a guardian in their will?
As a parent, you probably spend a great deal of time thinking about your children’s future. You may plan for their education, financial security and wellbeing, but have you considered who would care for them if you were no longer able to?
It is not an easy question to think about. However, appointing a guardian in your will can be an important part of preparing for the unexpected.
A legal guardian is someone who may take on responsibility for a child’s care and upbringing in circumstances where the appointment takes effect. This can include making important decisions about the child’s day-to-day life, education and welfare.
Without an appropriate plan, decisions about a child’s future care may need to be addressed through the family courts or other legal processes, depending on the circumstances.
Making your wishes clear can help your family understand your intentions during an already difficult time.
A will is about more than money and property
Many people associate wills with inheritance, property and financial assets. These are important considerations, but a will can also address other aspects of family planning.
For parents, this may include:
- Appointing a guardian for their children.
- Explaining how their estate should be distributed.
- Making arrangements for how money inherited by young children should be managed.
- Appointing executors to administer their estate.
- Considering how their children could be financially supported in the future.
A carefully prepared will can bring these arrangements together in one legal document, helping you plan for both your children’s care and their financial future.
Nine in ten parents have not appointed a guardian in their will
Research reported by Today’s Wills & Probate on 2 October 2026 highlighted a significant gap between parents’ concerns about their children’s future care and the arrangements they have made.
According to the report, nine in ten parents surveyed had not appointed a legal guardian in their wills. The research also found that 62% of those surveyed either did not have a will or had one that was out of date.
The findings were published as part of the annual Will Aid campaign, which encourages people to make or update their wills while supporting participating charities.
The report also highlighted concerns about who might care for children if their parents died. For example, 19% of parents surveyed said they would not want their children to be cared for by someone the children did not know well. The same proportion expressed concern about someone who was not emotionally ready for the responsibility.
These findings underline an important point: choosing who should care for your children is a personal decision that deserves careful thought.
Although the research reflects the parents surveyed rather than every family in the UK, it is a useful reminder to review whether your existing arrangements reflect your wishes.
How does appointing a legal guardian in a will work?
In England and Wales, section 5 of the Children Act 1989 allows a parent with parental responsibility to appoint another person as their child’s guardian in the event of their death.
A guardian appointment can be included in a will, provided the relevant legal requirements are met.
However, it is important to understand when that appointment takes effect.
What happens if one parent dies?
If one parent dies and the other parent remains alive with parental responsibility, an appointment in the deceased parent’s will does not automatically give the chosen guardian the right to take over the child’s care instead of the surviving parent.
The surviving parent’s circumstances, parental responsibility and the child’s welfare remain important legal considerations.
What happens if both parents die?
If both parents have died and no parent remains with parental responsibility, a valid guardian appointment may take effect, subject to the relevant legal provisions and any applicable court orders.
If no suitable appointment has been made, arrangements for the child’s care may need to be considered in light of the family’s circumstances and the child’s welfare. A court may become involved where necessary.
The legal position can be more complicated where there are existing child arrangements orders, special guardianship arrangements or other people who hold parental responsibility.
For this reason, parents should seek advice if their family circumstances are complex or if they are unsure how an appointment would operate.
Who should you choose as your child’s guardian?
Choosing a guardian is a personal decision. The right person will depend on your child’s needs, your family circumstances and the people you trust.
It may be a relative, a close friend or another suitable person. What matters is whether they would be willing and able to provide a stable and supportive environment for your child.
Before making your decision, consider the following questions.
1. Would your child feel safe and comfortable with them?
Think about your child’s existing relationship with the person. Someone they already know and trust may help provide familiarity and reassurance during a difficult period.
Consider your child’s personality, age, needs and relationship with other family members.
2. Are they willing to take on the responsibility?
Caring for a child is a significant commitment. It is important to speak to the person you have in mind and make sure they understand what the role could involve.
Do not assume that someone will automatically be able or willing to accept the appointment.
3. Can they provide a suitable home environment?
Consider practical matters such as accommodation, work commitments, location and existing family responsibilities.
There is no single set of circumstances that automatically makes someone the right or wrong choice. The key question is whether they could provide appropriate care for your child.
4. Do your values and parenting wishes align?
You may want to consider your preferences around education, family relationships, routines and other important aspects of your child’s upbringing.
While no one can be expected to parent exactly as you would, it may help to choose someone whose approach is broadly consistent with your wishes.
5. Should you name a replacement guardian?
It may be worth considering an alternative person in case your first choice is unable or unwilling to act when the time comes.
Discuss your options with a solicitor to ensure your arrangements are clearly documented and reflect your intentions.
How do you appoint a guardian in your will?
If you want to appoint a guardian, the first step is to consider your wishes and the person you would like to nominate.
A solicitor can help you understand the legal requirements and include the appropriate appointment in your will.
The process generally involves:
- Reviewing your family circumstances. Consider who has parental responsibility for your child and whether any existing court orders or arrangements may affect your plans.
- Choosing a suitable guardian. Think about your child’s needs and the proposed guardian’s ability and willingness to take on the role.
- Discussing the appointment. Speak to the person you have in mind so they understand your wishes and can consider the responsibility.
- Preparing your will. Make sure the guardian appointment is properly documented and that your will meets the applicable legal requirements.
- Reviewing your wider arrangements. Consider how your estate could support your children and whether you need to make any additional provisions.
Under the Children Act 1989, a guardian appointment must meet specific formal requirements. Making a valid will is therefore important, rather than relying on an informal conversation or an undocumented expression of your wishes.
Can you change your chosen guardian later?
Yes. Your circumstances and your child’s needs may change over time, and your will should reflect those changes.
For example, you may need to review your arrangements if:
- You have another child.
- Your relationship or family circumstances change.
- The person you appointed moves abroad.
- Your chosen guardian’s health or personal circumstances change.
- Your chosen guardian is no longer willing or able to take on the role.
- Your financial circumstances change and you need to reconsider how your children would be supported.
Reviewing your will periodically can help ensure that it continues to reflect your intentions.
If you want to change your guardian appointment, seek advice about the appropriate way to amend your will. Depending on the changes required, it may be appropriate to prepare a new will rather than make informal alterations to an existing document.
Why should you review your will if you already have one?
Having a will is a positive step, but it is important to make sure it remains suitable.
A will that was prepared several years ago may not reflect your current family circumstances. You may have had more children, experienced a relationship change or reconsidered who you would want to care for your children.
It is also worth checking whether your will includes a guardian appointment if that is something you want to put in place.
If you are unsure whether your current will deals with guardianship appropriately, a solicitor can review it with you and explain whether any changes may be needed.
Planning ahead cannot remove every uncertainty, but it can help you make your wishes clearer and give your family a better understanding of the arrangements you want to put in place.
How GLP Solicitors can help
At GLP Solicitors, we understand that planning for your family’s future can involve sensitive and personal decisions.
Our Private Client team can advise on wills and related estate planning matters, helping you consider how your wishes should be documented and whether your existing arrangements remain appropriate.
We can help you understand the considerations involved in appointing a guardian, review your current will and discuss how your estate could provide for your children.
Every family’s circumstances are different. Taking advice can help you make informed decisions that reflect your wishes and the needs of the people who matter to you.
This article is for general information only and does not constitute legal advice.
Frequently Asked Questions
Yes. In England and Wales, a parent with parental responsibility can appoint a guardian for their child in the event of their death under section 5 of the Children Act 1989. The appointment can be included in a will, provided the relevant legal requirements are met. When the appointment takes effect depends on the circumstances, including whether another parent retains parental responsibility. If you are preparing a will or reviewing an existing one, a solicitor can explain how a guardian appointment could work in your family’s situation.
The outcome depends on your family circumstances. If another parent remains alive and has parental responsibility, that parent’s legal position is an important consideration. If no parent remains with parental responsibility, arrangements may need to be made for the child’s care, and a court may become involved where necessary. The child’s welfare will be central to any decisions. Appointing a guardian in a valid will can help record your wishes, but it is important to understand that it does not guarantee a particular outcome in every circumstance.
You can make an appointment if you have parental responsibility, but it does not automatically override the rights of a surviving parent who retains parental responsibility. The legal effect of the appointment depends on the circumstances and any relevant court orders. If you have concerns about the other parent’s ability to care for your child, or if there are existing family court arrangements, it is important to seek specific legal advice rather than assuming that naming another person in your will will determine who cares for your child.
You may consider a relative, close friend or another suitable person whom you trust to care for your child. Think about your child’s relationship with that person, their willingness to accept the responsibility, their practical circumstances and their ability to provide a stable home. It is sensible to discuss your wishes with the proposed guardian before making the appointment. A solicitor can help you understand the legal requirements and consider any particular issues arising from your family circumstances.
Parents should consider their arrangements carefully, particularly where both have parental responsibility. Each parent’s circumstances and wishes may differ, so it is important to understand how any appointments would operate and whether they are consistent. A solicitor can help parents document their intentions and consider what should happen if one or both parents die. This is particularly important for separated parents, blended families and families with existing court orders or other arrangements affecting parental responsibility.
You can generally change your arrangements by updating your will, provided the relevant legal requirements are followed. This may be necessary if your chosen guardian’s circumstances change, if your family grows or if you reconsider who would be best placed to care for your child. Avoid making informal changes to the signed document. Speak to a solicitor about preparing a new will or making an appropriate amendment so that your intentions are properly recorded.
No. Appointing someone as a guardian and deciding who inherits your estate are separate matters. Your will can address both, but naming a guardian does not automatically entitle that person to inherit your assets. If you want to provide financially for your children, you should consider how your estate should be distributed and how money intended for children under 18 should be managed. A solicitor can explain the options available and help you consider how guardianship and financial planning fit together.
Yes. A will is not only for people who own property or have substantial savings. It can help you record who should inherit your estate, appoint executors and, where appropriate, appoint a guardian for your children. Your circumstances may be relatively straightforward today but could change over time. If you have children, making a will can be an important opportunity to consider their future care and financial needs, regardless of the value of your assets.