A valid guardianship appointment identifies who should assume responsibility for the child’s day-to-day care and welfare decisions if no parent is able to act.

Under section 5 of the Children Act 1989, a parent (or anyone else with parental responsibility) can name a “testamentary guardian” in their will. This is simply a way of saying who they want to step into the parental role if the child would otherwise be left without someone able to make important decisions for them.

Most commonly, this appointment takes effect if the last surviving parent with parental responsibility dies. It can also be particularly important in more complicated family situations, such as blended families, where living arrangements and responsibilities may already be shared or disputed.

When drafting the will, it is possible to name more than one guardian (joint guardians) or to name backup guardians in case the first choice cannot or does not want to act. This reduces the risk of uncertainty at an already difficult time.

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Having a clear guardian in place provides a practical plan that can be put into action immediately. It helps ensure stability in the child’s schooling, healthcare, and home life. It also prevents delays in important decisions, such as consenting to medical treatment, arranging schooling, deciding where the child will live, or allowing travel.

Although a court always has the final say if there is a dispute, naming a guardian makes it less likely that decisions will be driven by family pressure or confusion. Instead, there is a clear, written expression of the parent’s wishes.

Naming a guardian helps avoid urgent disagreements between family members about who the child should live with and who should make key decisions.

If no guardian is named, multiple relatives may believe they should take responsibility. This can lead to conflict and delay, especially in families where there have been previous tensions, separations, or differing cultural expectations.

By naming preferred guardians in a will, parents reduce the risk that court applications will be needed simply to decide who should take charge. Including joint guardians or backup options further reduces the chance of problems if circumstances change.

If a dispute does arise, the court will decide based on what is in the child’s best interests. However, a carefully drafted guardianship clause is often influential because it provides clear evidence of the parent’s considered wishes and the child’s support network.

It can also show that the chosen guardian is already closely involved in the child’s life for example, helping with care, living near the child’s school, or being able to keep siblings together. These are all factors that courts consider important.

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Appointing guardians in your Will provides a practical care plan that can be implemented immediately, supporting stability in schooling, healthcare, and living arrangements

In addition to the will, parents often prepare a separate “letter of wishes.” This is not legally binding, but it gives guidance about things like education, religion, contact with extended family, and daily routines. These personal details may not belong in a formal will, but they can be very helpful in maintaining consistency in the child’s life.

Finally, it is sensible to coordinate guardianship arrangements with the financial provisions in the will. For example, trustees can be appointed to manage money left to a child. This helps avoid disputes later, especially if a guardian is responsible for the child’s daily care but does not automatically have control over the child’s inheritance.

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Our solicitors can advise on all aspects of appointing guardians in Wills.

To book a free initial consultation, please call us on 01260 769 639. Our solicitors will be happy to meet you at our Congleton office or in your own home. Alternatively, meetings can be carried out online (e.g. via Teams).