Appointing a Guardian in a Will: Why It’s Vital to Protect Your Child’s Future

Anna Kmiec
Jul 11, 2023
2 min read

Updated: May 15

If you died today, what would happen to your child?

It’s a question no parent wants to face — but experience shows that not appointing a guardian in a Will can lead to painful consequences for your family.

A child under the age of 18 loses a parent every 22 minutes in the UK (source: Childhood Bereavement Network). This possibility is more common than most people think — and yet, many families have no legal protection in place.

The only way to ensure your child is cared for by someone you trust is by appointing a guardian in your Will. This is known as a Testamentary Guardian. They will gain parental responsibility if both parents die — and this avoids any doubt or delay. — Appointing a guardian in your Will gives you peace of mind that your child will be cared for by someone you trust if you're no longer here. Don’t leave it to chance.

Why Appointing a Guardian in a Will Is So Important

Many parents assume that if the worst happens, their child will automatically be cared for by family or close friends. Sadly, that’s not always the case under UK law.

Take Martin’s story, for example.

Martin and his partner Joanne had a daughter named Beatrice. They weren’t married or in a civil partnership, and Martin’s name wasn’t on the birth certificate. Life moved quickly, and updating legal documents was pushed aside — until Joanne died unexpectedly. She had no Will, and had not taken the step of appointing a guardian in her Will.

Because Martin had no legal parental responsibility, and no guardian had been appointed, Beatrice was placed into temporary care while the courts decided her future. This added trauma to an already heartbreaking situation.

What Happens If No Guardian Is Appointed in a Will

If both parents die and no guardian has been appointed in a Will, UK law does not automatically pass responsibility to grandparents, godparents, or even siblings. The child may be placed in foster care while the courts determine where they should live and who should care for them.

This can lead to long delays and painful uncertainty — at the very time when a child needs comfort, familiarity, and stability the most.

Appointing a Guardian in a Will Gives You Control

The only way to ensure your child is cared for by someone you know and trust is by appointing a guardian in a Will. This named Testamentary Guardian will receive legal parental responsibility if both parents die.

A properly drafted Will ensures:

There’s no doubt about who should care for your child
You avoid the risk of foster care or legal disputes
Your child stays with someone familiar, loved, and trusted

It’s particularly important for separated parents, blended families, or where Child Arrangement Orders are in place, to take professional advice when deciding who to appoint.

Get Expert Advice on Appointing a Guardian in Your Will

At Citywide Wills, we understand how sensitive and important these decisions are. We’ll talk you through your family situation, advise you on who can legally be appointed, and ensure your Will reflects your wishes clearly and legally.