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Wills & Estates

Can I change who I named as guardian for my children in my will?

TSL Written by the Treadstone Law team· Updated June 2026

Yes. A guardianship appointment in a will is not binding or permanent during your lifetime — you can revoke or change it at any time by updating your will. Since circumstances change — a named guardian may have moved abroad, had a significant change in their own life, or you may simply have changed your mind — reviewing your guardianship appointment is an important part of will maintenance.

To change the guardian, you should update your will with a new guardianship clause (either by codicil or by making a new will). Verbally telling someone they are no longer your choice, or scribbling a note alongside the will, is not legally effective.

Before making a change, consider having a conversation with both the outgoing and incoming guardians if appropriate. This avoids a surprise for the new guardian, who needs to be willing and able to take on the role. You should also name an alternate guardian in case your primary choice cannot serve.

Remember that a guardianship appointment in a will is not an absolute court order — it is a strong statement of your wishes. If there is a surviving parent with custody rights, they will likely continue as guardian. A court will ultimately decide based on the best interests of the children, though your documented wish carries significant weight.

Key takeaways

  • You can change a guardian appointment at any time while you have capacity
  • Use a codicil or new will — informal notes or verbal instructions are not effective
  • Always name a backup guardian in case the primary choice is unavailable
  • Courts consider your appointment but decide based on the child's best interests
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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