This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Guide to Special Guardianship Orders and inheritance rights in England and Wales. Explains how SGOs affect a child's inheritance from birth family, why a child does not automatically inherit from a special guardian under intestacy, and practical steps families can take with wills and trusts to protect a child's financial future.
A Special Guardianship Order (SGO) is a family court order that gives a carer - often a relative or family friend - parental responsibility for a child until they reach 18, without severing the child's legal ties with their birth family. Unlike adoption, which permanently replaces the legal parents with adoptive parents, an SGO retains the child's legal status as a member of their birth family while giving the special guardian authority to make most decisions about the child's care.
One area of legal uncertainty for many families concerns inheritance rights under an SGO. This article explains how inheritance law interacts with special guardianship, what rights children have, how intestacy and wills operate, and what practical steps carers might consider to protect a child's financial wellbeing.
1. Special Guardianship Orders and Legal Status
An SGO under section 14A of the Children Act 1989 grants the special guardian overriding parental responsibility with respect to most major decisions affecting the child's upbringing. This responsibility lasts until the child turns 18 unless a court orders otherwise.
Crucially for inheritance law, an SGO does not make the child legally a child of the special guardian in the way adoption does. The child remains legally a member of their birth family and retains all legal links with their birth parents and wider family.
This distinction has direct implications for inheritance rights.
2. Inheritance Rights of Children Under SGOs
2.1 Retaining Birth Family Inheritance Rights
Because an SGO does not alter legal parentage, a child subject to that order generally retains their inheritance rights from their birth parents and wider birth family, subject to ordinary inheritance law rules under the Wills Act 1837 and the Administration of Estates Act 1925 (and later statutory instruments governing intestacy).
In practical terms:
- Intestacy rules: Where a person dies without a valid will, the intestacy rules apply. A child usually inherits under these rules as a child of the deceased. Because the SGO does not make the special guardian a legal parent, the child inherits as a biological or legally recognised child of the deceased under the standard rules of succession.
- Wills and testamentary gifts: A child under an SGO will ordinarily inherit any specific gifts or shares left to them under a valid will made by a relative.
The child's inheritance rights from birth parents or other relatives are unaffected by the fact that they are being cared for under an SGO unless a will explicitly states otherwise.
2.2 Inheritance From the Special Guardian
An SGO itself does not, by law, create an automatic inheritance right from the special guardian. Inheritance rights depend on how the law treats family relationships and on the terms of any will or trust:
- If a special guardian dies intestate (without a will): The intestacy rules apply based on legal family relationships. Unless the special guardian is a legal parent or spouse, the child under an SGO would not automatically inherit under intestacy rules from the guardian, because the child remains legally part of their birth family, not legally the child of the guardian.
- If the special guardian executes a will: The guardian can include the child as a beneficiary and leave specific gifts, trusts or residuary benefits to the child. A carefully drafted will is the usual way to provide for a child under an SGO in relation to the guardian's estate.
This reflects a general principle in inheritance law: in the absence of adoption or formal legal parentage, intestacy and family law apply based on biological or legally recognised familial relationships, not on caregiving arrangements alone.
3. Practical Considerations for Special Guardians and Children
3.1 Importance of Estate Planning
Because an SGO does not confer automatic inheritance rights from the guardian, estate planning is crucial for special guardians who wish to provide for a child in their care:
- Draft a valid will: A special guardian who wants a child under their SGO to inherit from their estate should make a will specifying gifts or shares to that child. Without a will, the law of intestacy may leave the estate to legal heirs (such as the guardian's spouse or biological children), and not to the child under guardianship.
- Consider trusts: In some cases, especially where the child is a minor or there are concerns about financial management, placing inheritance in a trust for the child's benefit may provide additional protection and control.
- Review regularly: Wills and trusts should be reviewed as circumstances change (e.g., remarriage, changes in family structure, changes in the law) to ensure they continue to reflect intentions regarding the child's inheritance.
3.2 Guardianship and Other Rights
A special guardian has parental responsibility, meaning they make decisions on the child's behalf about education, healthcare and welfare. However, this responsibility does not extend to automatic rights under tax or inheritance law unless provided for expressly in a will or trust.
A child under an SGO also retains rights that arise from being a child of their birth parents, including rights to statutory benefits, claims for maintenance (in limited circumstances), and inheritance under parents' wills or intestacy.
4. Comparison With Adoption
For context, the legal consequences of adoption differ markedly from those of special guardianship:
- Adoption legally severs a child's ties with their birth parents and establishes the adoptive parents as the child's legal parents for all purposes. This generally includes inheritance rights as a child of the adoptive parents under intestacy and other inheritance law rules.
- SGOs do not sever legal ties with the birth family, meaning inheritance rights from that side are preserved, while any inheritance from the special guardian depends on wills or specific testamentary arrangements.
Understanding this key difference highlights why estate planning is particularly important for special guardians.
5. Common Questions
5.1 Does a child under an SGO inherit from the special guardian automatically?
No. An SGO does not make the child the legal child of the guardian for inheritance purposes. Inheritance depends on intestacy rules and wills. Unless specifically named in a will, the child will not automatically inherit from the special guardian's estate.
5.2 Can a special guardian provide for the child in their will?
Yes. Guardians can and often should include the child in their will to ensure the child benefits from their estate. This can include outright gifts, trusts, or other testamentary arrangements.
5.3 Does an SGO affect the child's inheritance from birth family?
No. Because an SGO does not break legal ties with the birth family, the child retains their inheritance rights from birth parents or other relatives as if the SGO had not been made, unless a will states otherwise.
Key Takeaways
A Special Guardianship Order under the Children Act 1989 grants parental responsibility and legal authority to care for a child, but it does not change the child's legal family relationships in the way adoption does. As a result:
- A child under an SGO continues to have full inheritance rights from their birth family under the ordinary rules of inheritance law, unless a will specifies otherwise.
- An SGO does not confer automatic inheritance rights from the special guardian under intestacy rules. Special guardians who wish to provide for a child financially should use wills or trusts to do so.
- Understanding inheritance and estate planning, alongside parental responsibility, is vital for special guardians to secure financial provision for children in their care.
