Protecting Your Children’s Future: How Guardianship Works in a Will

Guardianship in a Will UK | Protecting Your Children’s Future – Newlife Wills

Protecting your children's future

Learn how guardianship in a Will works in the UK. Discover why appointing guardians for your children is vital, what happens if you don’t, and how Newlife Wills can help protect your family’s future.

Why Guardianship in a Will Matters

If you’re a parent, one of the most important reasons to write a Will is to decide who will look after your children if you pass away. Appointing guardians in a Will ensures your children are cared for by the people you trust, rather than leaving the decision to the courts.

At Newlife Wills, we regularly meet parents who assume guardianship is automatic – but without a valid Will in place, your wishes may not be followed.

What Is Guardianship in a Will?

In the UK, a guardian is someone you legally appoint in your Will to take on parental responsibility if you die while your children are under 18. Guardians make key decisions about your children’s:

• Living arrangements

• Education and schooling

• Healthcare and wellbeing

• Day-to-day upbringing

  
  

Without clear instructions in your Will, a court could decide who raises your children – and that may not be the person you would have chosen.

Who Can Be Appointed as a Guardian?

You can appoint any responsible adult over 18 to act as guardian. Most parents choose a close relative, such as a sibling, or a trusted friend who shares their values and lifestyle.

Tips when choosing guardians:

• Discuss it with them first – it’s a big responsibility.

• Think about their location, lifestyle, and financial situation.

• Consider naming substitute guardians in case your first choice cannot act.

What Happens If the Other Parent Is Alive?

If the surviving parent already has parental responsibility, they will normally assume guardianship automatically.

However, you can still use your Will to:

• Appoint a guardian to act if the other parent dies before you.

• Record your preferences in a Letter of Wishes about how you’d like your children raised.

• Reduce the risk of disputes or uncertainty.

Adding a Letter of Wishes

A Letter of Wishes is not legally binding, but it provides extra guidance. You might include:

• Your views on education and religion

• How you’d like your children to maintain relationships with wider family

• Guidance on values, lifestyle, or traditions you want them to grow up with

  
  

This works alongside your Will, giving clarity and reassurance for your chosen guardians.

Why Guardianship Belongs in Every Parent's Will

• Peace of mind – knowing your children will be safe and cared for.

• Clarity for your family – avoiding disagreements and confusion.

• Security for your children – ensuring stability during a difficult time.

How to Appoint Guardians in Your Will

Appointing guardians is straightforward with the right advice. At Newlife Wills, we can guide you through the process and draft your Will to make sure your children’s future is protected.

Writing a Will is about more than passing on your money or property – it’s about safeguarding your family. By including guardianship in your Will, you take control of your children’s future and protect them from uncertainty.

📞 To find out more about appointing guardians in your Will, contact Newlife Wills today on 01843 269165.

Frequently Asked Questions;

1. What is guardianship in a Will?

Guardianship in a Will is the legal appointment of someone to care for your children if you pass away while they are under 18. The guardian takes on parental responsibility and makes decisions about their upbringing, education, and welfare.

2. Who can be a guardian in the UK?

Any adult over 18 can be appointed as a guardian in your Will. Most parents choose close relatives or trusted friends who share their values and can provide a stable home.

3. What happens if I die without a Will and have young children?

If you die without a Will, the family court will decide who should look after your children. This may not be the person you would have chosen, which is why appointing guardians in a Will is so important.

4. Do both parents need to agree on guardianship?

If both parents have parental responsibility, it is best to agree on guardianship appointments together. If only one parent has responsibility and they pass away, their guardianship instructions in a Will usually take effect.

5. Can I appoint substitute guardians?

Yes. You can (and should) name substitute guardians in case your first choice is unable or unwilling to act. This ensures your children are always protected.