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Family and inheritance

Appointing guardians for children in an Irish will

Consider a testamentary guardian, surviving parents and the separate arrangements needed to manage a child's inheritance.

A parent and child planting together beside a white-rendered home and stone garden wall

For parents of young children, making a will is often less about possessions than about people. Naming someone you trust to take on a guardianship role can give your family a clear expression of your wishes. It also opens a conversation that is much easier to have while you can explain what matters to you.

Irish law allows qualifying guardians to appoint a testamentary guardian, including through a will. The effect of that appointment depends on the existing guardianship position. It does not simply remove a surviving parent's rights or guarantee that every future care arrangement will follow your preference without question.

Start with the family position

Before drafting the appointment, establish who already has legal guardianship. This can be particularly important for unmarried parents, blended families and situations involving a court order. If the position is uncertain, ask a solicitor to clarify it rather than assuming that day-to-day care and legal guardianship are identical.

Talk to your proposed guardian about the children's needs, schooling, family relationships and likely living arrangements. Consider their health, location, existing responsibilities and willingness to undertake the role. A substitute may be useful if circumstances change.

Plan for the financial side too

Looking after a child and managing inherited money are separate tasks. Your will may need trustees to hold and administer the child's inheritance until the relevant age or conditions are met. The guardian and trustee need not be the same person.

For example, a sibling might provide a loving home while another trusted person helps manage substantial inherited funds. The arrangement should be workable and properly drafted, with clear powers and an understanding of how the child's needs can be met.

Record guidance without creating confusion

A separate letter can explain routines, important relationships, cultural or religious wishes and other personal information. Keep it consistent with the will and make clear that it provides guidance rather than replacing the legal appointment.

Review your plans as the children grow and the proposed guardian's circumstances change. Where there is conflict between adults, special care needs or uncertainty about parental rights, individual advice is particularly valuable.

The aim is a practical plan for the children, supported by people who understand and accept their responsibilities.

Sources and further reading

General information, not advice on your individual circumstances. Laws and tax rules can change; check the linked official guidance and obtain professional advice where needed.