What happens if you don't name a guardian in your will?
"Who would look after my children if something happened to me?"
It is a question nobody wants to think about, but every parent should have an answer. If you have children under 18, your will lets you name a guardian: the person you would want to raise them.
A guardian steps into your shoes as a parent. They gain parental responsibility, meaning they can make everyday and important decisions about your children, from school and health care to where they live.
If you do not name one, what happens depends on who else has parental responsibility, and that is not always who you would expect.
What happens if you don't name a guardian?
The key question is whether anyone else already has parental responsibility for your child.
Who has parental responsibility?
- The birth mother always has it.
- A father married to the mother (or in a civil partnership with her) when the child is born has it.
- An unmarried father has it if he is named on the birth certificate (for births registered from 1 December 2003), later marries the mother, or gets it by agreement or court order.
- A step-parent does not have it automatically, however long they have helped raise the child.
What happens next
If the other parent has it, they usually carry on caring for your child. If nobody has it and no guardian is named, someone must apply to the family court, and the council may arrange temporary care meanwhile.
A scenario: Sam, Chris and Lily
Sam and her partner Chris are not married. Sam's daughter Lily is six. Chris has raised Lily since she was a baby, but he is not her father, and her father has never been involved.
If Sam dies without naming a guardian
- Chris has no legal authority over Lily's schooling or medical care.
- He would have to apply to court, and Lily's grandparents might apply too.
- Lily faces months of uncertainty about where she will live.
If Sam's will names Chris as guardian
- Chris becomes Lily's guardian as soon as Sam dies and can keep caring for her at home.
- Sam's wishes are on record, so a dispute is far less likely.
Sam, Chris and Lily are an illustrative example.
How to choose and appoint a guardian
Choosing a guardian is about who could give your children the stability, love and values you would want for them.
Things to consider
- Do they know your children well and share your values?
- Are they able and willing to take this on, now and in years to come?
How to appoint one
- Name them in your will. This is the most reliable way.
- Add a backup in case your first choice cannot act.
- Ask them first. A guardian can refuse the role.
If you are separated and a court order says your child lives with you, your guardian can step in when you die, even if the other parent is alive. Take advice on how this applies to you.
Your children's inheritance and the guardian's costs
A guardian decides who looks after your children. Your will also needs to say how they will be provided for.
Supporting the guardian
Your will can leave money in a trust for your children's care, so your guardian is not paying out of their own pocket.
When your children inherit
Without other wording, children receive everything at 18. A trust can set a later age, such as 21 or 25.
How PJH Estate Planning can help
If you have children under 18, PJH Estate Planning can help you name guardians in your will and set up a trust so their inheritance is managed until they are older. This matters most for blended families. Find out what you could face in your current situation with our free Estate Health Check: 10 quick questions that show any gaps in your plans. You can visit our offices, or we can visit you at home.
Sources
General information for England and Wales as at October 2026. Not legal advice.