Will for parents with young children

Making a will when you have young children

Quick answer

If you have children under 18, your will is where you legally choose who would raise them if the worst happened. Without one, a court decides who becomes their guardian, and your children inherit everything outright at 18. Making a will takes about 15 minutes.

Why do parents with young children need a will?

Nobody with young children wants to think about dying — so most don't, and the will stays on the to-do list for years. But here is the legal reality: your will is the only place you can appoint testamentary guardians — the people who would raise your children if you and their other parent both died. A conversation, a letter of wishes, or a family understanding has no legal force. Only a will does.

One detail catches people out: to appoint a guardian you must have parental responsibility. Mothers have it automatically. Unmarried fathers have it if they are named on the birth certificate (for births registered after December 2003) or have acquired it by agreement or court order. If that is you, sorting your legal position is part of sorting your will — see writing a will with children for the full picture.

What happens to young children if you die without a will?

A court decides who raises your children. Social services and the family court choose a guardian — and the person they pick may not be the person you would have chosen. Family members can end up in dispute, with the children caught in the middle.
Your children inherit outright at 18. Under intestacy, money held for a child is handed over in full on their eighteenth birthday — whether that is a few thousand pounds or the family home.
The money may not land where you expect. If you are married, your spouse gets your personal chattels, the first £322,000, and half of anything left — your children share the other half. If you are not married, your children get everything and your partner gets nothing, which can leave the person actually raising them struggling financially.

What can a will do for young children?

A will turns all of this from the state's decisions into yours. You can:

Name guardians — and substitutes — so your children go to people you chose, in the order you chose them.
Choose your executors and trustees — the people who manage the money until your children are old enough (see what an executor does).
Set the age your children inherit — 18, 21 or 25 — with trustees able to release money earlier for their education and upkeep.
Look after the survivor first. The usual structure leaves everything to your partner, with your children as the backstop — so the family is provided for at every step.

When do parents need a solicitor instead of an online will?

An online will is right for most young families — but not all. We are will writers, not a law firm, and we would rather send you elsewhere than sell you the wrong document. Speak to a solicitor if:

you have a disabled or vulnerable child whose means-tested benefits need protecting through a discretionary trust;
you have a blended family and want to provide for a new partner while ring-fencing money for children from a previous relationship;
your estate is large enough that inheritance tax planning (the nil-rate band is £325,000, with a further £175,000 residence band for homes passing to children) needs proper advice;
you expect a dispute over guardianship — for example from an ex-partner or grandparents.

Our guide do I need a solicitor for a will? walks through the boundary honestly.

How can parents make a will this week?

If your situation is straightforward — which most are — you can finish your will in about 15 minutes: answer plain-English questions, name your guardians and substitutes, download instantly. It costs £35, one-time, with free updates for life and no upsells — so you can change guardians as your children grow and relationships change. Start your will here.

Then make it legally binding: print it and sign it in wet ink in the presence of two witnesses who are together with you at the same time (the formalities in s.9 of the Wills Act 1837). A guardianship wish in an unsigned document is just a wish.

Which related guide should you read next?

Making a will with no children — Without a will your estate follows a rigid family ladder. Friends, charities and unmarried partners inherit nothing.

Unmarried parents: both need a will — Your partner inherits nothing automatically. Children inherit at 18. Mirror wills are the simple protection.

I have been named executor — You can decline. If you accept: find the will, register the death, secure assets, then work through probate in order.

Second marriage with children — An 'everything to my new spouse' will can disinherit children from a first relationship. When you need a solicitor.

Frequently asked questions

Who should I choose as a guardian?

Someone who shares your values, has the health and capacity to raise children, and — crucially — has said yes. Most people choose a sibling, a close friend, or their own parents if they are young enough. Always name a substitute guardian too, in case your first choice cannot act when the time comes.

What happens to my children's inheritance if I die without a will?

Your children inherit under the intestacy rules, but everything is held for them until they turn 18 — and then they get the whole lot outright, with no strings. You get no say over who manages the money in the meantime, and no option to delay the handover to 21 or 25.

Do both parents need a will?

Yes. Either of you could die first, and each will does different jobs: yours appoints guardians if the other parent has already died (or lacks parental responsibility), and sets out what happens to your share of everything. Both wills should name the same guardians, in the same order, to avoid conflict.

Can I choose an age other than 18 for my children to inherit?

Yes — in a will you can set the age at 21 or 25 instead, with trustees managing the money until then and able to release funds earlier for education, maintenance and other needs. Without a will, 18 is fixed and non-negotiable.

Does my child's other parent automatically become their guardian if I die?

Usually the surviving parent with parental responsibility takes over day-to-day care. Mothers always have parental responsibility; unmarried fathers have it if named on the birth certificate (for births registered after December 2003) or by agreement or court order. Your guardian appointment matters most if you both die — or if the other parent cannot or should not take over.