For many parents, the most important part of a will isn't money at all. It's saying who should bring up your children if you both died. If you don't, a court may decide.
How it works
You can appoint a guardian, called a testamentary guardian, in your will. The appointment normally takes effect when there's no surviving parent with parental responsibility. In practice, that usually means both parents have died.
Choosing the right person
- Do they share your values and approach to bringing up children?
- Are their age and health right for the years ahead?
- Would the children have to move area, school or away from friends?
- Do they have room, time and the energy? Have you asked them?
- Would you choose a couple, and what if they separated?
Money for the guardian
Raising children costs money. Your will can leave money in trust for your children, with trustees allowed to help the guardian with costs such as a bigger car or an extension. Life insurance written in trust can also help.
Separated parents and step-families
If you're separated, your children's other parent will usually take over if you die, if they have parental responsibility. If you'd want someone else involved, or you're in a step-family, get advice. A guardianship appointment and a letter of wishes explaining your reasons can help.
Use our family protection check to see if anything else is missing, or talk to a specialist about your will.
Frequently asked questions
What happens if I don't name a guardian?
If there's no surviving parent with parental responsibility, the family court decides who looks after your children. Relatives may disagree, and the children may go into temporary foster care while it's decided.
Does a guardian have to look after the money too?
No. The guardian looks after the children. Money you leave is usually managed by trustees, who can be the same person or different people.
Can I appoint more than one guardian?
Yes, you can appoint joint guardians, such as a couple, and a back-up in case your first choice can't act. Think about what happens if a couple you've chosen separates.
When does the guardian take over?
Usually only when there's no surviving parent with parental responsibility. If one parent dies, the other normally continues to care for the children.
Request a call back
Tell us a little about your situation and we'll call you, usually within one working day, to understand what you need. If it would help, we'll then put you in touch with a specialist, such as a solicitor who deals with wills and powers of attorney. We'll always tell you who they are before passing on your details. We don't give advice ourselves, and there's no obligation.