What Happens If You Don't Appoint a Guardian? A Clear Guide
Introduction
If you have young children, there's probably one question you've avoided thinking about: What happens to them if something happens to you?
The answer might shock you. If you haven't appointed a guardian in your Will, the Family Court will decide who raises your children — not you. In this guide, we'll walk you through exactly what happens, and why appointing a guardian now is one of the most important decisions you can make as a parent.
Without a Will — The Court Decides
Imagine something happens to you and your partner. Your children have lost their parents — that's the immediate tragedy.
Then the next step begins: because you haven't appointed a guardian in your Will, the Family Court must step in and decide who raises your children.
The court doesn't know you. It doesn't know your wishes. It doesn't know the people you'd trust most.
So it does what it thinks is best. It looks at available relatives — grandparents, aunts, uncles, siblings — and makes a decision based on what seems suitable.
That might be the right person. Or it might not.
The Problems This Creates
When the court decides instead of you, several significant problems can follow:
1. Family Conflict
Your mum wants to raise them. Your sister wants to. Maybe your best friend would be perfect — but the court doesn't even consider them because they're not a relative.
Whoever isn't chosen? Resentment, tension, conflict.
Your children are caught in the middle — right when they need peace the most. Family relationships can be damaged for years, and your children bear the emotional weight of that conflict.
2. The Wrong Person Might Be Chosen
Maybe one sibling is more stable than another. Maybe your close friend knows your children better than anyone. Maybe you care deeply about where they live, which school they attend, or the values they're raised with.
The court can't know any of that. It decides based on availability and suitability — not on love, shared values, or your specific wishes for your children's upbringing.
3. Uncertainty and Delay
Court hearings, assessments, waiting — all while your children live in limbo.
They don't know where they'll be or who will care for them. This period of uncertainty can be deeply distressing for children who've already experienced the trauma of losing their parents.
4. Your Wishes Disappear
Conversations, promises, verbal plans — none of that counts without a Will.
If it's not written down, it's invisible to the court. Your voice is lost. The people you would have chosen never get the chance to care for your children.
With a Will — You Decide
Now imagine the same situation — but this time, you've appointed a guardian in your Will.
The court still has to confirm the appointment — that's the law — but your wishes carry enormous weight. It isn't guessing. It's following your decision.
Your children go straight to someone you've chosen, someone you trust, someone who's already agreed to care for them.
No conflict. No delay. No guessing.
Your choice. Your voice. Even when you're not there.
The Difference It Makes
Without a Guardian Appointed:
The court decides who raises your children
Your family is uncertain about your wishes
Conflict and resentment can follow
Your children might end up with someone you wouldn't have chosen
With a Guardian Appointed:
You decide who raises your children
Your family knows your wishes clearly
Your children are cared for by someone you trust
Everything is certain and clear
It's the difference between your children being raised by your choice or the court's choice.
As a parent, that's exactly the kind of control you'd want to keep.
How to Appoint a Guardian
The solution is simple: appoint guardians now, in your Will.
Here's what you need to do:
Choose who you want to raise your children – Think carefully about who shares your values, who your children know and love, and who has the capacity to take on this responsibility.
Talk to them – Don't assume they'll say yes. Have a conversation. Make sure they're willing and able to take on this role. Discuss your expectations and any concerns they might have.
Make it official – Include the appointment in your Will. Write it down clearly so there's no ambiguity about your choice.
That's it. You've given your children the greatest gift — certainty and love from the people you choose.
Important Considerations
Can you appoint more than one guardian?
Yes. You can appoint two people jointly (for example, a couple), or you can appoint alternative guardians in case your first choice is unable or unwilling to take on the role when the time comes.
What if your chosen guardian dies before you?
If you've appointed alternative guardians in your Will, they would step in. This is why it's important to review your Will regularly and update it if circumstances change.
Should the guardian also manage your child's money?
This is an important question — and one we'll explore in more detail in another guide. In short: not always. Separating the role of guardian (who raises your children) from trustee (who manages their inheritance) can avoid conflicts of interest and provide better financial oversight. But that's a conversation for another time.
Peace of Mind
Appointing a guardian isn't just about making a legal decision. It's about giving yourself peace of mind. It's about knowing that if the worst happens, your children will be cared for by the people you choose, not by a court making a decision based on limited information.
It's one of the most important decisions you can make as a parent — and it's also one of the simplest to put in place.
Ready to Protect Your Family?
If you're unsure whether your Will properly appoints guardians, or if you haven't yet appointed guardians at all, let's talk.
At Westwood Estate Planning, we help parents think through these crucial decisions and make sure their Wills reflect their wishes clearly and legally.
Book a free, no-obligation 15-minute chat with us today. We'll make sure your Will protects your children and gives you complete peace of mind.
This is one of the simplest steps you can take to protect your family.
About Westwood Estate Planning
We're a specialist Will writing and Estate Planning service based in the UK. We help families like yours think through the important decisions — like guardianship — and make sure your Will reflects your wishes and protects your loved ones.
