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The short answer
Parents abroad can usually name a guardian in a will or a signed document, and the person can live in Nigeria or in your host country. In England and Wales, the Children Act 1989 says the appointment must be in writing, dated and signed (or made in a will), and normally takes effect only when no parent with parental responsibility is left. Choose with the child's daily life in mind: a guardian in Nigeria may mean moving schools, countries and legal systems.
For Nigerian parents raising children abroad, this is often the hardest part of estate planning. Grandparents, siblings and close friends may live in Nigeria, while the children's school, friends and citizenship are in the host country. If both parents die without naming anyone, a court or child welfare authority where the children live may decide who looks after them, and family in Nigeria may have little say. Naming a guardian does not remove the court's role everywhere, but it puts your choice on record. This is general information, not legal advice.
How guardians are appointed: the England and Wales example
Section 5 of the Children Act 1989 sets out the rules for England and Wales:
- A parent with parental responsibility may appoint another individual to be the child's guardian after the parent's death (s.5(3)).
- The appointment has no effect unless it is in writing, dated and signed by the person making it; it can be in a will, or signed at the appointer's direction in their presence and that of two witnesses (s.5(5)).
- It takes effect on the appointer's death if the child then has no parent with parental responsibility, or if a specified child arrangements order was in force (s.5(7)); otherwise it takes effect when the child no longer has such a parent (s.5(8)).
- Two or more people can make an appointment jointly (s.5(10)).
Scotland, Northern Ireland, Canadian provinces, US states and other countries have their own rules, and many also let parents name a guardian in a will. Ask a local lawyer how the choice is recorded and whether a court must confirm it.
Guardian in Nigeria or abroad: questions to weigh
| Question | Guardian abroad | Guardian in Nigeria |
|---|---|---|
| Schooling and friendships | Can usually stay the same | Child would change school and country |
| Immigration | Guardian's own status matters if they are not a citizen | Child needs documents to travel and live in Nigeria |
| Courts and welfare authorities | Local court sees guardian easily | Local court where child lives may need to approve the move |
| Family and culture | Depends on the person | Close to extended family and language |
| Money | Costs of living abroad | Costs of schooling in Nigeria, often in naira |
If the guardian is in Nigeria
A child born abroad to a Nigerian parent is a Nigerian citizen by birth under section 25(1)(c) of the 1999 Constitution, so can hold a Nigerian passport. A report by Canada's Immigration and Refugee Board (October 2020) notes that the Nigerian Immigration Regulations 2017 require, for orphans' passports, consent from a lawful guardian, a person with lawful custody, an orphanage or a government institution, and that removing a child from a lawful carer's custody against their will is an offence under the Child's Rights Act 2003. A guardian in Nigeria will therefore need clear proof of their appointment, and probably a court order or approval in the country where the children live before taking them home.
Recording your choice
- Talk to the person first. Ask whether they are willing and able, and name a substitute in case they cannot act.
- Put it in writing in the form your country requires, usually in your will. If you have separate wills in Nigeria and abroad, make sure they name the same guardian; see one will or two.
- Leave a letter of wishes explaining schooling, religion, language, contact with each side of the family, and whether you want the children to stay in the country they know.
- Provide money for them. Life insurance in trust, with trustees who can release funds to the guardian, avoids the guardian paying from their own pocket. See life insurance with a beneficiary in Nigeria.
- Keep documents together: children's birth certificates, passports, both parents' passports, and your will, with copies held by the guardian.
Separate guardian and money manager
Some parents choose one person to raise the children and another to manage the money, for example a sister in London as guardian and a brother in Abuja as trustee. Insurers often will not pay minors directly; Canada's FCAC says a trust or trustee is needed, or the province holds the money until the child reaches majority.
Worked example
Example only. Tobi and Ife live in Houston with two children aged 6 and 9. They name Ife's sister in Houston as guardian, with Tobi's brother in Lagos as substitute, and set up a trust for their life cover with a trustee in each country. Their letter of wishes asks that the children spend every other summer in Lagos with their grandparents.
Where Pryme fits
A guardian or trustee paying for a child's needs in two countries benefits from keeping currencies separate. A Pryme account holds naira, dollars, pounds and euros, and money can be sent to Nigerian accounts, for example to pay school fees, with Send. Outside Nigeria, Pryme's activities are carried out through regulated partners. For how children's travel consent works on the Nigerian side, see child passports when one parent is abroad.
Questions people ask
Can I name a guardian who lives in Nigeria for children living in the UK?
Yes, you can name anyone willing to act, but a court where the children live may need to approve a move abroad, and the guardian will need proof of appointment.
How do I appoint a guardian in England?
Under section 5 of the Children Act 1989, in writing, dated and signed, usually in your will. It normally takes effect when no parent with parental responsibility is left.
Does the guardian also control the children's money?
Not necessarily. Many parents name a separate trustee for life insurance or savings, so care and money are handled by different people.
What if we have not named anyone?
A court or child welfare authority where the children live may decide who cares for them, and family in Nigeria may have less say.
Sources
- legislation.gov.uk: Children Act 1989, section 5 · accessed Oct 2026
- IRB Canada via ecoi.net: Nigeria, minors travelling and consent (NGA200339.E) · accessed Oct 2026
- Citizenship Rights in Africa Initiative: Nigeria Constitution 1999, Chapter III · accessed Oct 2026
- FCAC: Life insurance · accessed Oct 2026
This article is general information, not financial, legal or tax advice. Products described are provided under the terms on this site and are subject to regulation and eligibility.