Ask any parent who they would want to bring up their children if they died, and most will have a clear answer. Ask whether that wish is written down in a will, and the answer is usually no.

New research from Will Aid, the will-writing charity campaign, shows how wide that gap is.

What the research found

According to the Will Aid survey:

• Nine in ten parents have not named a legal guardian in their will.
• 62% of parents either have no will or have one that is out of date.
• More than half have never made a will at all.
• One in ten say their existing will no longer reflects their circumstances or wishes.

Why naming a guardian matters

If both parents die and no guardian has been named, nobody automatically takes over. The decision about who raises the children may end up with the family court. Relatives may disagree, and the person chosen may not be the one you would have picked.

Naming a guardian in your will avoids this. It tells the court and your family exactly what you wanted.

What to think about when choosing a guardian

• Their relationship with your children. Do the children know them and feel safe with them?
• Their age and health. Will they be able to manage the day-to-day care of young children for years to come?
• Where they live. Would your children have to move school or leave their friends?
• Their values. Will they bring your children up in a way you are comfortable with?
• Whether they are willing. Always ask them before you name them.

It is also worth naming a backup guardian in case your first choice can’t take on the role.

Money matters too

A guardian looks after your children, but someone also needs to look after the money you leave them. A will can set up a trust so that the money is managed until your children are old enough to receive it. You can choose trustees you trust to handle it properly, who may or may not be the same people as the guardians.

Keep your will up to date

A will made before you had children, or before a separation or new relationship, may no longer do what you want. Review your will whenever your family circumstances change.

How we help

Smart Probate writes wills that include guardianship and trusts for children. We are an ICAEW Accredited Probate Practice, led by a Chartered Accountant and Chartered Tax Adviser, so we can also advise on the tax side of what you leave behind.

If you have children and no will, or a will that no longer fits your family, call us for a no-obligation chat.

Research source: Will Aid annual campaign survey, 2026.