How to Appoint a Legal Guardian in a Will

Written by the Octopus Legacy team · Updated March 2025 · 6 min read

Most parents don't want to think about dying before their children grow up. But most parents also know, somewhere quietly, that they should.

Naming a guardian in your will is one of the most important decisions you'll ever make. It's how you make sure that if the unthinkable happens, the person raising your child is someone you chose — not someone a court chose for you.

This guide covers everything you need to know: what a legal guardian is, how to appoint one, what happens if you don't, and how to think about the practical and financial decisions that sit alongside it.

What is a legal guardian of a child?

A guardian is a person named in your will to take on the parenting role for your child if both parents die before the child turns 18. They become your child's legal carer, responsible for housing, education and day-to-day decisions about their upbringing.

It's worth knowing that a guardian is only appointed when there is no surviving parent with parental responsibility. If one parent is still alive and has parental responsibility, they automatically continue to care for the child. You can find out more about parental responsibility on Gov.uk.

Can I appoint more than one guardian?

Yes. You can appoint co-guardians, which means two people share the role jointly. This is common where a couple, sibling pair, or two close friends both want to be involved.

If you appoint co-guardians, think carefully about what happens if they disagree. It's worth having a conversation with them about how they'd handle major decisions together, even if it feels like an unlikely scenario.

How do I appoint a legal guardian?

The most straightforward way is to name a guardian in your will. Without a will, there's no formal record of your wishes and the courts will make the decision for you.

When you write your will with Octopus Legacy, you can name your chosen guardian as part of the process. You can also update this at any time if your circumstances change.

How do I choose the right guardian?

There's no single right answer. But it's one of the most important decisions in your will, so it's worth thinking it through carefully.

Some questions worth asking:

• Do they share similar values to you on upbringing, education and faith?
• Where do they live? Would your child need to change schools or move away from friends?
• Do they have children of their own? How would your child fit into their family?
• Are they in good health and at a stage of life where they could take this on?
• Have you actually talked to them about it? They'll need to understand what they're agreeing to.

Whoever you choose, have the conversation with them before you finalise your will. Don't assume someone will say yes.

What financial provisions should sit alongside guardianship?

Naming a guardian is only part of the picture. It's equally important to think about the financial support your child would need.

Your will can specify that money or assets are held in trust for your child until they reach a certain age. You can also name a separate trustee to manage those funds, which doesn't have to be the same person as the guardian. Keeping the two roles separate can be a sensible safeguard.

You might also want to consider life insurance as a way of ensuring your child is provided for financially, even if your estate is modest.

What do the courts consider if there's no guardian named?

If you die without naming a guardian, a family court will decide who raises your child. The court's primary concern is the best interests of the child, and they'll consider factors including:

• The child's existing relationships with family members
• The wishes of the child, depending on their age
• The stability and suitability of the proposed carer's home
• Any views the child has previously expressed

Courts do their best. But they don't know your child the way you do. Naming a guardian in your will is the only way to make your wishes legally known.

When is a guardian called upon?

A guardian takes over when both parents with parental responsibility have died. If one parent is still alive, they remain the child's primary carer automatically.

Can I change the guardian named in my will?

Yes, and you should update your will whenever your circumstances change. A guardian you named ten years ago might no longer be the right person. People's lives change: relationships, locations, health, family size.

With Octopus Legacy's online will, you can update your guardian at any time without any additional cost.

Why else should parents write a will?

Dying without a will leaves decisions to the courts

If you die without a will, the courts decide what happens to your children and your estate. This can be distressing for everyone involved, and the outcome may not be what you'd have wanted.

A will protects your children's financial future

Without a will, your estate is divided according to the rules of intestacy. These rules work reasonably well for conventional family structures, but they often don't account for step-children, blended families, or specific wishes you might have.

You can leave specific gifts

Your will lets you set aside particular items for your children: a piece of jewellery, a family heirloom, something that carries meaning. Without a will, these wishes may not be honoured.

You can leave messages for your children

Alongside gifts, you can write personal messages in your will. Something to explain a decision, share a memory, or simply tell them something you'd want them to know.

You can record your funeral wishes

A will is also where you can set out how you'd like to be remembered. It gives your family something to hold onto at a difficult time, knowing they're doing what you wanted.

Frequently asked questions

Can I appoint a guardian if I'm not married to my co-parent?

Yes. Guardianship in your will is independent of your relationship status. What matters is parental responsibility, not marriage.

What if my chosen guardian dies before me?

It's a good idea to name a backup guardian in your will, in case your first choice is no longer able to take on the role.

Does a guardian have to accept the role?

No. A guardian can decline. This is another reason to speak to your chosen person before finalising your will, so there are no surprises.

Can I appoint a guardian if my child already has a stepparent?

It depends on whether your child's stepparent has legal parental responsibility. If they do, they would have priority over a named guardian. A solicitor can advise on the specifics of your situation.

How do I get started?

You can write your will online with Octopus Legacy, name your chosen guardian, and come back to update it any time. Get started for free.