who brings up your children if you can't?
Most parents know exactly who they'd want to raise their children — and who they wouldn't. But unless it's in your will, nobody has the legal right to step in. Not grandparents, and not godparents.
you choose. not a court.
what if you don't name anyone?
If you both die while your children are under 18 and you haven't appointed guardians, nobody automatically takes over. Family members can apply to the family court, and the court decides who your children live with.
The court will try to do what's best for them. But it doesn't know your family the way you do — and it may pick someone you'd never have chosen.
godparents aren't guardians
This is the one I hear most. Lots of people think godparents step in automatically. They don't — being a godparent carries no legal weight at all. If you'd want your children's godparents to bring them up, that has to be written into your will.
and the people you don't want
Most parents have someone in mind. Let's get it written down.
You can't legally ban someone in a will. What you can do is put your reasons in writing. I'll help you write a letter of wishes to sit with your will, saying who you wouldn't want to look after your children and why.
If anyone ever applies to the court to take on your children, that letter will be there for the judge to read. It's the clearest way your voice can still be heard.
how I set it up
- We talk it through — who you'd want, who you wouldn't, and why.
- I name your guardians in your will, with a back-up in case your first choice can't do it.
- I help you write a letter of wishes — how you'd like them brought up, and anyone you don't want involved.
- I protect the money with a simple trust, so their inheritance is kept for them until they're old enough.
Ask your guardians first. It's a big thing to take on, and they should know you've chosen them.
questions
don't godparents look after the children?
No. Being a godparent is a religious or family role, not a legal one. It gives no right to bring up your children. If you want a godparent to be guardian, you need to name them in your will.
what happens if we die without naming a guardian?
Nobody automatically takes over. Family members can apply to the family court, and the court decides who your children live with, based on what it thinks is best for them. Until that's settled, the local authority can step in to make sure the children are looked after.
can I say who I don't want to look after my children?
You can't legally ban someone in your will, but you can put your reasons in writing — I'll help you write a letter of wishes that sits with your will. If anyone ever applies to the court, your wishes will be there for the judge to read.
when does a guardian take over?
Usually only when there's no parent with parental responsibility left — so if one of you dies, the other parent normally carries on. Your guardians step in if you've both gone.
does the guardian get the children's inheritance?
Not automatically, and it's often better that they don't. I usually set up a simple trust in your will so the money is held for your children, with trustees you choose — who can be the same people as the guardians, or different.
what does it cost?
Naming guardians is part of your will, so it’s included in the price: £149 for a single will, £249 for mirror wills.