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Guardians in Scottish Wills: A Plain-English Guide

Choosing a guardian is one of the most important decisions you can make when writing a Scottish will. This guide explains—in clear, simple language—how guardianship works in Scotland, who you can appoint, what happens if you don’t name a guardian, and how to record the decision properly. If you’re ready to make your will, you can start your Scottish will online here for a fixed fee. Otherwise, take your time and read through this guide.

Contents

  1. What is a guardian in Scots Law?
  2. Who can be a guardian?
  3. Should you appoint a guardian in your will?
  4. How many guardians can you appoint?
  5. Substitute guardians
  6. What happens if you don’t appoint a guardian?
  7. Parental rights & responsibilities (PRRs)
  8. Can a guardian also be an executor?
  9. How to record guardianship in your Scottish will
  10. When to review your guardian choice
  11. Quick FAQs

1. What is a guardian in Scots Law?

A guardian is someone you appoint to look after your children if you die before they turn 16. In Scotland, guardianship is based on Parental Rights and Responsibilities (PRRs). A guardian steps into your place to make decisions about your child’s wellbeing, education, healthcare, and day-to-day life. Guardianship does not automatically give access to your estate. That part is handled by your executors. For full legal detail, see the Children (Scotland) Act 1995: Children (Scotland) Act 1995 – Legislation.gov.uk

2. Who can be a guardian?

Your chosen guardian must:
  • be over 16
  • have mental capacity
  • be willing to take on the role
They do not need to be a family member. Common choices include:
  • a sibling
  • a close friend
  • a trusted aunt or uncle
  • a godparent
Most parents choose someone who shares their values, lifestyle, and approach to parenting.

3. Should you appoint a guardian in your will?

Yes. If you have children under 16, it’s strongly recommended. Without a named guardian, your family may need to apply to the court, causing:
  • delays
  • uncertainty
  • potential disputes
Naming a guardian gives clarity and avoids unnecessary stress during an already difficult time.

4. How many guardians can you appoint?

You can appoint:
  • one guardian
  • a couple (such as a sister and her partner)
  • two individuals who act jointly
Many Scottish families choose a couple to provide stability and continuity for young children.

5. Substitute guardians

A substitute guardian is a “backup” if your first choice:
  • dies before you
  • cannot take on the role
  • declines the role at the time
Scottish courts appreciate having a second option clearly set out. It prevents uncertainty and reduces the chance of disagreements.

6. What happens if you don’t appoint a guardian?

If there is no guardian in your will, the court may appoint one. The court’s decision may take into account:
  • family members’ wishes
  • existing care arrangements
  • the child’s best interests
This process can take time and may create emotional or financial stress. A clear guardian appointment avoids this.

7. Parental rights & responsibilities (PRRs)

If the other parent already has full PRRs, your guardian’s powers may be secondary unless both parents die or the surviving parent is unable to care for the child. You can also leave notes for your guardian in a Letter of Wishes to explain your preferences around upbringing, schooling, and values.

8. Can a guardian also be an executor?

Yes. It is common in Scotland for someone to act as both:
  • executor – manages the estate
  • guardian – cares for the children
However, these roles are legally separate. A guardian is responsible for the child; an executor is responsible for the estate.

9. How to record guardianship in your Scottish will

When appointing a guardian, include:
  • their full name
  • their relationship to you
  • their address (optional but helpful)
  • whether you want them to act alone or jointly
  • whether you want a substitute guardian
Our step-by-step intake form collects all of this automatically: Start your Scottish will for £49.99 →

10. When should you review your guardian choice?

Review every 1–3 years, especially if:
  • your chosen guardian’s circumstances change
  • your relationship with them changes
  • your children have additional needs
  • you separate, remarry or have more children

Quick FAQs about guardians in Scottish wills

Do guardians have automatic financial control? No. Guardians look after the children; executors handle the estate. Can my parents be guardians? Yes—age alone is not a barrier, but consider long-term practicality. Can I appoint more than one guardian? Yes. Many families appoint two people to act jointly. Can a guardian refuse? Yes. That’s why naming a substitute is important.

Ready to put your will in place?

If your situation is straightforward and you feel clearer after reading this guide, you can start your Scottish will online now. The process usually takes around ten minutes, and your completed Will Pack is emailed to you within two business days. Create My Scottish Will — £49.99 If you have any questions at all, you can contact us — we’re here to help.