Testamentary Guardian

Testamentary Guardians are kinship carers named in the parent's Will.  An SGO can also name a Testamentary Guardian in their Will. The Testamentary Guardian can also be named in a written document. This wish must be signed and dated by the parent or legal guardian.   

Testamentary Guardians are often relatives of the child. The guardian could also be a close family friend.  The person or people chosen are trusted by the parents.

The Testamentary Guardian cares for the child if their parents die.  

The Testamentary Guardian steps in when there is nobody else with parental responsibility.

If there is a surviving parent they may take over the child's care.  This normally happens if they already have parental responsibility. This would not happen if the child has been removed from their surviving parent's care. 

Testamentary Guardians are recognised legally. The Guardian gains parental responsibility. 

Carer comforting distressed child

Choosing a Testamentary Guardian. 

We encourage you to choose a Testamentary Guardian if:

  • You are already a Testamentary Guardian
  • You are granted a a Special Guardian Order
  • You are granted a Child Arrangements Order (and everyone with shared parental responsibility agrees). 

. You can not chose a Testamentary Guardian if you are:

  • A Kinship Foster Carer
  • Caring for the child under an informal Kinship family arrangement.  

Having a named Testamentary Guardian avoids the child entering the care system should you sadly die.

When you name a Testamentary Guardian, you choose the trusted relative or friend to care for the child.  If you do not choose a Testamentary Guardian the court will choose the carer.  This may not be the person you would have chosen.

You should always ask the person you name beforehand. They need to be willing and able to commit to this role. 

Understanding Kinship Care
Information from https://childrenandfamiliesnewcastle.org.uk/
Printed on October 13th 2026
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