Would Prince Harry Become Regent if Prince William and King Charles Died?

The British monarchy exists within a complicated framework of national governance overseen by parliament, acting on behalf of the people.

The role of the modern constitutional monarch is to consult, encourage and warn the government of the day while being a figurehead for the nation and promoting the works and needs of Britain and its people around the world.

The crown is hereditary, meaning that Britain's kings and queens inherit their position by virtue of birth, not accomplishment, and who exactly is in line to the throne is determined by their position in the line of succession. The higher up the line of succession a person is, the more closely related by blood to the ruling monarch they are.

When Queen Elizabeth II died in September after ruling for seven decades, her eldest son, Charles, became king. This altered the line of succession, with those in the line moving one spot closer to the throne.

The next five royal family members in the line of succession are; Prince William, Prince George, Princess Charlotte, Prince Louis, and Prince Harry.

Prince Harry Potential Regency
Prince Harry photographed October 11, 2017, (inset top) Prince George on July 10, 2022, and (inset bottom) the imperial state crown, September 14, 2022. If King Charles III and Prince William die before George turns... Victoria Jones - WPA Pool/Getty Images/Karwai Tang/WireImage/DANIEL LEAL/AFP via Getty Images

Though Harry is several degrees away from the throne, under the current laws of Great Britain, he has the potential to be only two deaths or incapacitations away from holding the power of the monarch.

Here, Newsweek answers a reader's question as to whether Prince Harry would become regent in the event of the deaths of King Charles and Prince William.

What is a Regent or Regency?

A regent is a person who is appointed by the government to act on behalf of the monarch in the eventuality that they are prohibitively incapacitated or under the age of 18.

Once appointed, a regent can effectively perform any of the monarch's roles and duties including opening and closing parliament.

One major "royal function" that a regent is prevented from doing, is changing the line of succession. So a regent cannot pass the power they hold temporarily to their own heirs, it will return to the main royal bloodline.

Britain's most famous case of a regency (a period where the nation was ruled by proxy) was during the early 19th century and the mental incapacitation of King George III.

In his place, his eldest son George was appointed Prince Regent and when George III died, the regent became King George IV in his own right.

Under the 1937 Regency Act, the regent, unless otherwise disqualified, is the next person in the line of succession.

King George VI, Britain's last Prince Regent
King George VI (when Prince of Wales) portrait by Sir William Beechey, circa 1803. George was Britain's last regent, over 200 years ago. Heritage Art/Heritage Images via Getty Images

Could Prince Harry Become Regent For His Nephew Prince George?

Prince Harry is currently fifth in the line of succession but of those five royal family members only two are over the age of 18; Prince William and Prince Harry. This means he is currently second in line to be regent.

If King Charles III were to become permanently incapacitated due to ill health then William would be appointed regent. If the king died, then William would inherit his throne.

If both Charles and William were to die then the throne would be inherited by William's son, Prince George, but while he is under the age of 18 (until July 22, 2031), a regent would need to be appointed by law. This regent, under the 1937 Regency Act, would be Prince Harry.

There is one stipulation that could disbar Harry from becoming regent and that is that the law states a regent must be "domiciled in some part of the United Kingdom." This would mean Harry would have to leave his home in California and live in the U.K.

If Harry were to be disqualified on this basis then the next royal family member in the line of succession over the age of 18 is Prince Andrew.

King Charles III, Princes William and Harry
King Charles III (when Prince of Wales) photographed with Princes William and Harry, December 14, 2017. The two princes are the next in line of succession over the age of 18. Chris Jackson/Getty Images

Will The Regency Act of 1937 Be Changed?

With the real prospect that either Prince Harry—who has moved to the U.S. following a public falling out with the royal family—and Prince Andrew, who was retired from public life in the wake of a public sexual abuse scandal—could become regent should Charles and William both die, questions have been raised in parliament about changing the law.

In October Stephen Benn, Viscount Stansgate, asked the House of Lords whether the government was "happy to continue with a situation where the counsels of state and regency powers may be exercised by the Duke of York or the Duke of Sussex, one of whom has left public life and the other of whom has left the country?"

Benn raised the idea that King Charles should be consulted about changing the Regency Act to mitigate this possibility. The government's response was of interest because it did not dismiss a potential change.

King Charles III Regency
King Charles III (when Prince of Wales) photographed during the state opening of parliament, May 10, 2022. The government may ask the king whether he wishes to alter the Regency Act of 1937. Alastair Grant - WPA Pool/Getty Images

Lord Nicholas True, the leader of the House of Lords, responded on behalf of the government saying that it would "always consider what arrangements are needed to ensure resilience in our constitutional arrangements," and added that "in the past, we have seen that the point of accession has proved a useful opportunity to consider the arrangements in place."

Speculative reports state that Charles may seriously consider this request, but instead of removing Harry and Andrew, would expand the list of royal family members eligible to include people like the Princess of Wales.

As of yet, no plans for any changes have been announced by either the government or King Charles.

Newsweek has reached out to Buckingham Palace for comment.

Correction 11/10/2022 11:45 a.m. ET: This story was updated to correct Prince Harry's place in the line of succession.

Do you have a question about King Charles III, William and Kate, Meghan and Harry or their family that you would like our experienced royal correspondents to answer? Email royals@newsweek.com. We'd love to hear from you.

Uncommon Knowledge

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

About the writer


James Crawford-Smith is a Newsweek Royal Reporter, based in London, U.K. His focus is reporting on the British royal family ... Read more

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