Godparents Have No Legal Rights: Why You Need a Will to Protect Your Kids

As parents, we plan everything. We organise the school runs, we meal prep (or try to), and we stress over screen time. We try to control every variable to give them the best start in life.

But most of us are ignoring the one massive question lurking at the back of our minds: "If I didn't come home tonight, who would look after them?"

It is a terrifying thought, so we usually shove it behind the mental "do not touch" glass. But ignoring it doesn't make it go away. The harsh reality is that if you don’t answer that question legally, a judge will answer it for you. And you might not like their choice.

The "Godparent" Trap

Here is the most common mistake we see at SimpleLPA’s Wills Service assuming that a Godparent has legal rights.

They don’t. In the eyes of English Law, a Godparent is legally a stranger. It is a lovely ceremonial title that involves buying birthday gifts, but it gives them zero authority to care for your child. Unless you have named them formally in a valid Will, they would have to fight in court just to be considered.

Strangers in a Courtroom

If you pass away without a Will, the decision of who raises your children passes immediately to Social Services and the Family Courts.

Now, these people try their absolute best, but they don’t know your family. They don’t know that your brother lives in a studio flat and hates chaos, or that your best friend is actually the perfect parent figure. Without your instructions, the courts usually look to the closest blood relatives first. This means your children could end up being raised by a relative you wouldn't trust to look after your cat, let alone your kids.

Even worse, while the courts figure this out, your children could be placed into temporary foster care. That is a level of trauma nobody wants to imagine, especially when it is entirely preventable.

You Need "Testamentary Guardians"

Fixing this doesn't require a mahogany office or a scary lawyer. You just need to appoint "Testamentary Guardians" in your Will.

This specific clause gives your chosen person immediate "Parental Responsibility." It means they can instantly make decisions about schools, medical care, and housing without waiting for a court order. It also ensures they can access the funds you’ve left behind to help pay for the upbringing of the children.

While you are getting this sorted, it’s often smart to look at setting up an LPA too because if you are incapacitated by illness rather than gone, your guardians need the legal power to access your finances to pay the mortgage and school fees.

How to Choose (Without the Guilt)

Picking a guardian is harder than naming the baby. Our advice? Look at values, not just DNA. Don't feel pressured to pick a sibling if your parenting styles are total opposites. You need someone who will raise them how you would raise them.

Once you have a name, sit them down for a glass of wine and ask them. You might be surprised at how honored they feel. If you are struggling with how to have that conversation, our FAQ page has plenty of advice on common areas surrounding legal documents.

The Bottom Line

You plan their meals. You plan their holidays. Please, plan their safety.

You don’t need to make this a big, gloomy event. You can create a legally valid Will with SimpleLPA from the comfort of your sofa, usually in less time than it takes to watch an episode of your favourite show.