Just 7% of Scots have appointed a legal guardian for their children

Just 7% of people in Scotland have appointed a legal guardian for their children in their Will – despite having strong views about who they would not want to raise them.

New research commissioned by national charity Will-writing campaign Will Aid found that just 11% of parents surveyed across the UK have appointed a legal guardian for their children, revealing a striking gap between parents’ wishes for their children and the steps they have taken to formally record them. 

When parents were asked who they would not want their children to end up with if they died, 19% said someone their children did not know well, while the same proportion said they would not want them cared for by someone who was not emotionally ready for the responsibility. 

Almost one in five said they would not want their children to go to anyone other than their chosen guardian while other concerns included an elderly relative who might struggle physically, someone who was not financially stable and someone with very different values or beliefs to them. 

Donna Imrie at Rollos Law LLP, a Will Aid firm with offices across Fife, said: “One of the biggest dangers is assuming that because you have talked about who would look after your children, or because everyone in the family knows what you would want, there is nothing more you need to do. 

“Families and circumstances can be complicated. The person you would choose may not necessarily be the person others expect, and these findings show parents consider everything from someone’s values and relationship with their children to their emotional, physical and financial circumstances. 

“That is why it is so important to take proper legal advice rather than leaving such an important decision to assumption. 

“A professionally drafted Will gives parents the chance to consider these issues carefully, ask questions about their own circumstances and formally record what they would want to happen.” 

The poll found 62% of parents surveyed either do not have a Will or have one which is out of date. More than half have never made a Will, while a further 10% admit their existing Will no longer reflects their current circumstances or wishes. 

Peter de Vena Franks, Campaign Director at Will Aid, said: “As a parent, few decisions could be more important than thinking about who you would want to care for your children if you were no longer there. 

“None of us wants to imagine not being there to bring up our children, but making a Will is about planning for the people you love. It gives you the opportunity to record your wishes and discuss your circumstances with a qualified solicitor rather than simply hoping those closest to you will know what you wanted. 

“With almost two thirds of parents surveyed either without a Will or relying on one which is out of date, we want to encourage families to stop putting it off.” 

Will Aid is a nationwide campaign that takes place every November and sees participating solicitors across the UK volunteer their time to write basic Wills, waiving their usual fee in exchange for a voluntary donation. 

Suggested donations are £120 for a single basic Will and £200 for a pair of basic mirror Wills, with donations supporting the work of Will Aid’s partner charities. 

Appointments for the 2026 campaign are available with participating firms either in person or remotely – you can find out more at www.willaid.org.uk/lookup   

Peter added: “Will Aid gives people an opportunity to have their Will professionally drafted by a solicitor while at the same time supporting vital charitable work. 

“For parents in particular, a Will is about far more than deciding who receives your possessions. It is an opportunity to think carefully about the future of the people who depend on you and to put your wishes in writing.”