Legal 500 Leading Firm 2026 / The Time Best Law Firms 2026 / 40+ Years of Expert Legal Practice in London
Legal 500 Leading Firm 2026 / The Time Best Law Firms 2026 / 40+ Years of Expert Legal Practice in London
Deciding who should care for your children if you die is one of the most significant decisions you can address in your Will. Lewis Nedas Law advises parents and families on appointing guardians, preparing Wills and planning how assets should pass to children.
Call +44 20 7387 2032 for confidential advice or complete our online contact form to speak to our Wills, Trusts and Probate solicitors in London.
Call +44 20 7387 2032 Get in TouchLewis Nedas Law has provided legal services for more than 40 years and is authorised and regulated by the Solicitors Regulation Authority, SRA number 567461. The firm has received independent recognition as a Legal 500 Leading Firm 2026 and through inclusion in The Times Best Law Firms 2026.
Our Wills, Trusts and Probate team advises parents on appointing guardians through their Wills and planning how an estate should provide for children. We consider guardianship alongside executors, trusts, inheritance arrangements and wider estate planning.
Under the Children Act 1989, a parent who has parental responsibility for a child can appoint another person to become the child's guardian following their death. This is commonly known as appointing a testamentary guardian.
The appointment must meet statutory requirements. A guardian can be appointed through a properly prepared Will, which is a common way for parents to record their choice.
The appointed guardian acquires parental responsibility when the appointment takes legal effect. The timing can depend on whether another person with parental responsibility survives and whether relevant court orders are in place.
This makes it sensible to obtain legal advice rather than assuming that naming someone in a Will will always give that person immediate responsibility for the child following a parent's death.
Parental responsibility means the legal rights, duties, powers, responsibilities and authority a person has in relation to a child and the child's property.
A child's birth mother usually has parental responsibility automatically. The position for a father or second parent depends on factors including marriage or civil partnership, birth registration and whether parental responsibility has subsequently been acquired by agreement or court order. Other people can acquire parental responsibility in certain circumstances.
This distinction matters when appointing a guardian. The effect and timing of an appointment can depend on who has parental responsibility for the child when a parent dies. Our solicitors can review your family circumstances and explain how the rules apply before guardianship provisions are incorporated into your Will.
Choosing a guardian deserves careful thought. The person you appoint could become responsible for major aspects of your child's upbringing. Questions you might consider include:
Does the proposed guardian agree to the appointment?
What is their relationship with your child?
Are they willing and able to care for your child?
Where do they live?
Would your child need to change home or school?
Do they share your approach to your child's upbringing?
Should siblings remain together?
Have you appointed the same person as your partner?
How will your estate provide financially for your child?
Should inheritance be held in trust?
It can be useful to discuss the proposed appointment with the guardian before signing your Will. Your solicitor can then draft the guardianship provision within the wider context of your estate plan.
A testamentary guardian does not necessarily acquire parental responsibility immediately when the person who appointed them dies. The legal position depends on the circumstances at that time, including whether another parent or person with parental responsibility remains alive and whether a relevant child arrangements order is in force.
Under the Children Act 1989, there are circumstances where an appointment takes effect on the appointing person's death and others where different rules apply.
This is an area where individual legal advice can be valuable. Family structures, existing orders and parental responsibility arrangements can change the legal position considerably.
Appointing a guardian and deciding how a child should inherit are related estate planning questions, but they are not the same legal function. Your Will can set out who should inherit your estate and may establish trust arrangements governing assets left to children.
The trustees responsible for managing inherited assets do not have to be the same people as the child's guardians. Some parents appoint the same people, and others prefer different individuals to deal with financial and caregiving responsibilities.
A properly drafted Will can address matters such as:
Gifts to children
Trust arrangements for children
The age at which a beneficiary becomes entitled to an inheritance
Who should act as trustees
How trust funds can be applied under the terms of the Will
What happens if a beneficiary dies before you
Our solicitors can discuss guardianship and inheritance arrangements together so that your Will reflects your intentions for both your children's care and your estate.
The absence of an appointed guardian does not mean that relatives automatically acquire parental responsibility or that a particular family member will necessarily care for the child. The position will depend on whether anyone else has parental responsibility and the child's circumstances.
The Children Act 1989 gives the court powers to appoint a guardian in certain circumstances. Other family law orders may be relevant depending on the situation.
Recording your preferred guardian in a professionally prepared Will can provide valuable evidence of your intentions and reduce uncertainty for those dealing with matters following your death.
A Special Guardianship Order, often called an SGO, is different from appointing a testamentary guardian in a Will. An SGO is an order made by the Family Court. It can provide a long-term home for a child who cannot live with their birth parents where adoption is not appropriate.
A special guardian receives parental responsibility for the child and can make most day-to-day decisions about the child's upbringing. The child's legal relationship with their birth parents is not ended in the way it is through adoption.
A Special Guardianship Order usually lasts until the child reaches 18, though it can end earlier in certain circumstances.
A person applying to become a special guardian must be aged 18 or over and cannot be the child's parent. Eligibility to apply without the court's permission depends on the person's relationship with the child and their circumstances. This can include certain existing guardians, people named in a relevant child arrangements order, some relatives or foster carers, and people who have the agreement of those specified by law.
Someone who does not fall within the statutory categories may need the court's permission before applying. A prospective applicant usually needs to give the relevant local authority three months' written notice of their intention to apply.
The child's welfare is central to the court's decision. The local authority has an important role in assessing the proposed arrangement and preparing a report for the court. The court will consider the evidence before deciding whether making a Special Guardianship Order is in the child's best interests.
A child's wishes and feelings can form part of the assessment, taking account of their age and understanding. Special guardians can make most decisions concerning day-to-day care, schooling and medical treatment. Some major decisions remain subject to additional legal requirements.
Legal advice at an early stage can help prospective special guardians understand the application process, parental responsibility and the consequences of an order.
The terms sound similar but refer to distinct legal arrangements.
Appointed by a parent through a Will, to take responsibility following that person's death when the legal requirements for the appointment to take effect are met. This is the route most relevant to parents planning their estate.
A Family Court order creating a secure, long-term arrangement for a child who cannot live with their birth parents. An SGO is granted by the court and does not legally end the child's relationship with their birth parents.
Parents considering who should care for their children after their death will usually be concerned with testamentary guardianship and their Wills rather than applying for a Special Guardianship Order.
Lewis Nedas Law has more than four decades of experience as a London legal practice.
The firm is recognised as a Legal 500 Leading Firm 2026.
Lewis Nedas Law is included in The Times Best Law Firms 2026.
Our team advises on Wills, guardianship provisions, trusts, probate, estate administration and succession planning.
Lewis Nedas Law Limited is authorised and regulated by the Solicitors Regulation Authority under SRA number 567461.
If you have parental responsibility, you can appoint a guardian in writing. A properly drafted Will is a common way to record the appointment and ensure it meets the statutory requirements.
Not always. When the appointment takes effect can depend on who else has parental responsibility and whether relevant court orders exist at the time of your death.
It is possible to appoint more than one guardian. Legal advice can help you consider how joint appointments could operate in practice.
Not automatically. Guardianship and trusteeship are different roles. Your Will can appoint separate trustees to manage assets left to your children, independent of whoever is appointed as guardian.
It is a Family Court order giving a non-parent parental responsibility for a child, usually until they turn 18, without legally ending the child's relationship with their birth parents.
Planning who should care for your children can form an important part of making or reviewing your Will. Our private client solicitors can advise on appointing guardians, inheritance arrangements, trusts for children and the wider estate planning implications.
To discuss guardianship provisions with Lewis Nedas Law, call +44 20 7387 2032 or complete the firm's online contact form to arrange a confidential consultation with our London solicitors.
Call +44 20 7387 2032 Arrange a ConsultationThis page provides general information about guardianship, Wills and Special Guardianship Orders under the law of England and Wales. It does not constitute legal advice. The legal position depends on individual circumstances, parental responsibility and any court orders in force.
