# Who can I appoint as guardian of my children in my UK will?

> Quick answer · Last updated 26 May 2026

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## In short

Anyone aged 18 or over with capacity. The appointment, made under s5 Children Act 1989, must be in writing, dated and signed — a will is the cleanest option. It takes effect only once no parent with parental responsibility is still alive.

Talk to the intended guardian before naming them. The role can be declined, and a refusal at the point of crisis is harder for a grieving child than a polite decline years before.

Separate the day-to-day carer from the money manager where possible: name a family member as guardian, and a different person plus a professional as trustees of any inheritance. This keeps emotional and financial pressures apart.

An unmarried father needs to be on the birth certificate (after 1 December 2003 in England & Wales) to have parental responsibility — without it, his testamentary appointment has no effect. Where parents are separated, the surviving parent normally has priority unless the court has decided otherwise.

## Related

- [Appointing guardians in your will](https://moneyguide.org.uk/family-life/appointing-guardians-in-your-will/)
- [How to write a will (UK)](https://moneyguide.org.uk/family-life/how-to-write-a-will-uk/)

## Primary source

legislation.gov.uk/ukpga/1989/41/section/5

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Independent UK money guidance from [Money Guide](https://moneyguide.org.uk). Information only — not regulated financial advice.