Wills: guidance on choosing a guardian

A guardian is a person who will take parental responsibility for a child under the age of 18.

Guardianship will take effect if no parent with parental responsibility survives you. For example if the child’s other parent has died before you.

You can add more than one Guardian in case the primary guardian does not survive you.

Some things to think about when selecting a Guardian include:

• Are they dependable and mature enough to take on the role?
• Would they be willing to provide long-term care for your children? 
• Do they share your values on how you want your children to be raised? 
• Do they have children now or plan to, and how might this affect the situation? 
• Do they live nearby, and would this change your child's routine, including school and activities?

Important: Nominating a Guardian in your Will is not legally binding, and does not automatically grant the testamentary guardian an automatic right to have the child live with them. To be legally recognised as the person with whom the child lives, an application to court for a Child Arrangements Order or a Special Guardianship Order is required. The court will review your wishes, and the suitability of the guardian at the time, to ensure your child's best interests are protected.