Guardians: revocation and disclaimer CA 1989 s. 6
CA 1989 s. 6: revocation and disclaimer. Methods: later appointment, written revocation, destruction, dissolution, will revocation. Also disclaimer.
An appointment under section 5(3) or (4) revokes an earlier such appointment (including one made in an unrevoked will or codicil) made by the same person in respect of the same child, unless it is clear (whether as the result of an express provision in the later appointment or by any necessary implication) that the purpose of the later appointment is to appoint an additional guardian. An appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person who made the appointment revokes it by a written and dated instrument which is signed— by him; or at his direction, in his presence and in the presence of two witnesses who each attest the signature. An appointment under section 5(3) or (4) (other than one made in a will or codicil) is revoked if, with the intention of revoking the appointment, the person who made it— destroys the instrument by which it was made; or has some other person destroy that instrument in his presence. An appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person appointed is the spouse of the person who made the appointment and either— ... a court of civil jurisdiction in England and Wales dissolves or annuls the marriage, or the marriage is dissolved or annulled and the divorce or annulment is entitled to recognition in England and Wales by virtue of Part II of the Family Law Act 1986, unless a contrary intention appears by the appointment. An appointment under section 5(3) or (4)(including one made in an unrevoked will or codicil) is revoked if the person appointed is the civil partner of the person who made the appointment and either— an order of a court of civil jurisdiction in England and Wales dissolves or annuls the civil partnership, or the civil partnership is dissolved or annulled and the dissolution or annulment is entitled to recognition in England and Wales by virtue of Chapter 3 of Part 5 of the Civil Partnership Act 2004, unless a contrary intention appears by the appointment. For the avoidance of doubt, an appointment under section 5(3) or (4) made in a will or codicil is revoked if the will or codicil is revoked. A person who is appointed as a guardian under section 5(3) or (4) may disclaim his appointment by an instrument in writing signed by him and made within a reasonable time of his first knowing that the appointment has taken effect. Where regulations are made by the Lord Chancellor prescribing the manner in which such disclaimers must be recorded, no such disclaimer shall have effect unless it is recorded in the prescribed manner. Any appointment of a guardian under section 5 may be brought to an end at any time by order of the court— on the application of any person who has parental responsibility for the child; on the application of the child concerned, with leave of the court; or in any family proceedings, if the court considers that it should be brought to an end even though no application has been made.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section explains how a guardian appointment made under section 5(3) or (4) can be revoked or disclaimed. A later appointment of a guardian for the same child revokes an earlier one, unless it is clear that the later appointment was meant to add another guardian. An appointment can also be revoked by a written and dated instrument signed by the person who made it (or at their direction in the presence of two witnesses). The instrument can be destroyed by the appointer or by someone else in their presence with the intention to revoke. If the appointed guardian is the spouse or civil partner of the appointer, the appointment is automatically revoked if the marriage or civil partnership is dissolved or annulled, unless a contrary intention appears in the appointment. An appointment made in a will or codicil is revoked if the will or codicil is revoked. A person appointed as a guardian may disclaim the appointment by a signed written instrument within a reasonable time after knowing the appointment has taken effect. Finally, a court can bring any guardian appointment to an end on application or in family proceedings.
When it applies
- A parent who appointed a guardian in a will later makes a new will appointing a different guardian for the same child.
- A guardian appointed in a will decides they cannot take on the role and signs a written disclaimer within a reasonable time.
- A parent who appointed their spouse as guardian gets divorced, and the appointment is revoked by law unless the appointment said otherwise.
- A parent destroys the document that appointed a guardian, intending to revoke it.
- A court decides that a guardian appointment should end because it is no longer in the child's best interests.
What this section does not say
- This section does not cover how a guardian is appointed in the first place—that is in section 5.
- It does not cover the rights or duties of a guardian once appointed.
- It does not cover the procedure for applying to court to end a guardian appointment—it only says the court can do it on application or in family proceedings.
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This page reproduces the text of CA 1989 s. 6 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.