How to name a guardian for your child in your will - My Local Will Writer

For most parents, choosing a guardian is the hardest part of making a will. The legal side is simple enough. But deciding who you’d trust to raise your child if you weren’t there is a different thing entirely. This guide covers what a guardian appointment actually means, how to think through the decision, and how to make sure it counts.

What Is a Testamentary Guardian?

A testamentary guardian is a person you name in your will to take legal responsibility for your child if you die before they turn 18. “Testamentary” just means appointed through a will. Without a named guardian, a court decides who raises your child. Your wishes aren’t legally binding. Both parents should name a guardian in their wills. If one parent survives, they automatically retain parental responsibility. The guardian appointment only comes into effect if both parents die.

Who Can You Appoint as Guardian?

The person you choose must be over 18 and must be willing to take on the role. Always have that conversation before naming someone. A guardian can be a family member, a close friend, or anyone you trust. You can name more than one person, though this can create problems if they don’t see eye to eye on how to raise your child. It’s also worth naming a backup, in case your first choice is unable or unwilling to act when the time comes. The guardian doesn’t have to be the same person as your executor. If the right people for each role are different, keep those roles separate.

How to Think Through the Decision

This is where most parents get stuck. You’re not looking for a perfect answer here. You’re looking for the person who would do the best job in a situation nobody wants to think about.

Start with values. Would they raise your child in a way that broadly feels right to you? Not identical to how you’d do things, but close enough that you’d be comfortable. Then think about the practical side of their life. Do they have the time, the space, and enough stability to take on a child? A grandparent might be your first instinct, but age and health matter. Someone who is 70 when your child is two may not realistically be able to see the job through.

Geography matters too. Moving a child away from their school, friends, and the people they know carries a real cost, and it’s worth weighing that against other factors. Think about the household your child would be joining. A busy family with three children already isn’t automatically wrong, but it’s different from a quieter setup, and the fit matters.

Money is usually less of a concern than parents expect. Your guardian doesn’t need to be wealthy. Assets from your estate can be held in trust and used for your child’s benefit, managed by a trustee who may or may not be the same person as the guardian. The financial side and the caring side can be separate. If you’d like more detail on how wills work for new parents, we’ve written a full guide on making a will as a new parent.

What Happens to Your Child’s Inheritance?

Children under 18 can’t inherit assets directly. Your will should specify that anything left to them is held in trust until they reach adulthood. You can set the age at 18, or later if you prefer. 21 or 25 are common choices. A trustee manages the money on the child’s behalf. This can be the guardian, but it doesn’t have to be. Some parents prefer to keep those two roles separate so that the person raising the child isn’t also the person controlling the finances. Getting the trust clause worded correctly matters. DIY templates often get this wrong, which is one of the reasons a professionally drafted will is worth the cost. My Local Will Writer’s wills are solicitor-checked and include the trust provisions new parents need.

How to Make the Appointment Legal

Telling your family who you’d want as guardian is not enough. A verbal wish, a letter, or a conversation over dinner carries no legal weight. The guardian needs to be named in a valid, signed will. The will must be signed in front of two independent witnesses, neither of whom is a beneficiary. If your circumstances change later on — a divorce, a falling out with the named guardian, another child — update the will. My Local Will Writer makes it easy to name a guardian, set up trust provisions, and get your will signed correctly.

Choosing the right person may take some time. But once you’ve made the decision, putting it into a legal will takes less than an hour. Start your will online and get it sorted.