As a parent you can decide who will care for your children, who receives their inheritance and how it is managed. Writing a Will gives you control and peace of mind.
As a parent you want to protect your children and make practical plans for their future. Writing a Will is the best way to name guardians, decide how their money will be managed and make sure your wishes are followed. It is not only about money, it is about securing the people and the life you want for your family.
Why you need a Will as a parent
Without a valid Will the law, not you, decides who inherits and who looks after your children. Many people assume a partner automatically receives everything, but that is not always true. If you are unmarried your partner may inherit nothing. If both parents die without Wills, the courts or your local authority can end up making guardianship and welfare decisions for your child.
Who decides if you don’t have a Will
If you die intestate - that means without a Will - the rules of intestacy apply in England and Wales. These rules set out who inherits from your estate and in what order. They will not necessarily reflect your wishes or the needs of step-children, friends or unmarried partners. The government provides clear guidance on intestacy at gov.uk.
Appointing guardians for your children
The most important decision you can make is who will be your child’s guardian. Only a person with parental responsibility can appoint a guardian in a Will, so check whether you hold parental responsibility for your child. If you are not married to the other parent, you may need to take steps to formalise parental responsibility if that matters to your plan.
How to choose a guardian
- Talk first - always ask the person you would like to appoint if they would accept the role.
- Consider practicalities - their age, health, finances, location and family life.
- Name alternatives - appoint at least one substitute guardian in case your first choice cannot act.
Trusts and managing your child’s inheritance
When you leave money to a child, you can decide at what age or under which conditions they receive it. If you do not specify, in most cases a child will be entitled to their share at 18. Many parents prefer to set up a trust in their Will so a trustee can manage funds until a later age, for example 21 or 25, or release money in stages for education, a home purchase or living costs.
Trusts can also protect assets for step-children or dependents you care for. If you want to explore trusts further, our guide can help explain options and trusteeship responsibilities - see Set up a trust.
Choosing executors and trustees
In your Will you should name an executor - the person who will administer your estate - and trustees for any trust arrangements. Pick people you trust, who understand the responsibilities and who are likely to be available when required. Often parents appoint a partner and one or two additional family members or professional trustees.
Practical steps to make a Will
- List your assets and dependents - include property, savings, pensions and regular commitments.
- Decide guardians, executors and trustees, and whether you need a trust for a child’s inheritance.
- Speak to a specialist Will writer to ensure your Will is legally valid and reflects your wishes.
- Keep copies and tell someone where your Will is stored, and review it after major life changes.
If you want help making a Will, you can talk to our Will writing team or create a simple Will online with our secure service at online Will.
Other documents to consider
Think about appointing a lasting power of attorney so someone can manage decisions for you if you cannot. For guidance, see our page on Lasting Power of Attorney. Also consider how inheritance tax might affect the estate. The basic nil-rate band is a key threshold, so get professional advice if your estate may be liable.
Review regularly
Review your Will after important events - births, marriage, divorce, changes to finances or the death of a named guardian or executor. A current Will gives your family clarity and reduces the chance of delay, disputes and court involvement.
For personal advice, or to start writing your Will today, please get in touch. If probate is needed later, our team can also advise on the process - see Probate services.
Need a quick start? Make sure your family is protected by arranging a Will now. Start your Will or contact us for a friendly, jargon-free consultation.
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