Guide
Who looks after your children if you die? Guardians in your will
If you have children under 18, your will is where you name the guardians who would look after them if both parents died. Without a will, a court decides. You can also use your will to hold money in trust for your children until an age you choose.
Last reviewed 20 October 2026. General information, not legal advice. All guides
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What a guardian does
A guardian takes on parental responsibility for a child if both parents have died. You can name a person or a couple. A guardian appointment normally takes effect on the death of the last surviving parent with parental responsibility. If another parent with parental responsibility is still alive, they will normally care for the child.
Without a will
If no guardian has been named, a court and the local authority decide who looks after your children. That might not be who you would have chosen. It can also take time, during which the children’s care is uncertain.
Choosing a guardian
- Pick someone whose values and parenting style you trust.
- Think about their age, health, location and family.
- Ask them first, and name a replacement.
Looking after the money
Under the intestacy rules, children inherit outright at 18. Many parents would not want an 18-year-old to receive a large sum. In your will you can set up a trust to hold the money until an age you choose, such as 21 or 25, with trustees to manage it in the meantime. A letter of wishes can tell the guardians and trustees how you would like the children to be brought up.
Quick answers
Common questions
Can I name different guardians for different children?
Yes, although many parents keep siblings together. You should explain your reasons in a letter of wishes.
Is a guardian the same as a trustee?
No. A guardian looks after the child. A trustee manages the money. They can be the same person, but it can help to split the roles.
Do I need to review it as the children grow?
Yes. Circumstances change, so check your choices every few years. See our guide on reviewing your will.
Keep reading
Related guides
How often should you review your will?
Review your will whenever your life changes in a big way, and in any case every few years.
What happens if you die without a will in England and Wales?
If you die without a will, a fixed set of rules called the intestacy rules decides who inherits, not you.
How do you choose attorneys and executors?
Choose people you trust who are sensible with money, willing to act, and likely to outlive you, and always name replacements.
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