Who can I appoint as guardian of my children in my UK will?
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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.
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Reviewed by Kaiser Khan
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.
Primary source: legislation.gov.uk/ukpga/1989/41/section/5
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