Published on: 28th September 2026

Guardianship Clauses: Protecting Your Children's Future

For parents of young children, one of the most important reasons to have a Will isn't about money or property at all — it's about who looks after your children if the unthinkable happens.

What is a guardianship clause?

A guardianship clause is a provision in your Will that names the person or people you want to care for your children if you die before they turn 18. Without one, there is no guarantee the person you would have chosen will be the one who steps in.

What happens if you don't name a guardian?

If both parents die (or a sole surviving parent with parental responsibility dies) without a valid guardianship appointment, the decision falls to social services, or potentially the courts, to decide who raises your children. This can mean:

• Disagreements between social services and grandparents, aunts, uncles, or family friends about who is best placed to take on the role
• Delay and uncertainty for your children at an already difficult time
• A court-appointed guardian who may not reflect the upbringing, values, or relationships you would have wanted for your children

Choosing the right guardian

There's no single “right” answer — it depends on your family circumstances — but useful questions to ask yourself include:

• Does this person share your values around how you'd want your children raised?
• Are they willing and able to take on the role, practically and emotionally?
• Do your children already have a close, trusting relationship with them?
• Is their home environment, location, and stage of life compatible with raising your children?

It's worth having an honest conversation with your chosen guardian(s) before naming them, so they understand what's being asked and can raise any concerns.

Appointing more than one guardian, or a backup

You can name joint guardians (for example, a couple) but it's sensible to name one guardian with a backup (otherwise known as a reserve) guardian in case your first choice is unable or unwilling to act when the time comes.

Guardianship and finances

A guardianship clause deals with who raises your children — it doesn't automatically deal with how any inheritance is managed on their behalf. Many parents use their Will to set up a simple trust, so that money intended for their children is looked after by trustees (who may or may not be the same people as the guardians) until the children reach an age you specify, rather than being handed to them as young adults.

The bottom line

Naming a guardian is one of the simplest clauses to include in a Will, but it can prevent enormous uncertainty and family conflict. If you have children under 18 and don't yet have a Will — or your Will doesn't name a guardian — it's worth addressing sooner rather than later.

If you would like to speak with one of our Consultants to discuss this article or any other Estate Planning topic please telephone 01732 868 190 or click here.

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