--- title: "Writing a will with children" description: "Name guardians, choose trustees, and set the age children inherit (18, 21 or 25). When an online will is the wrong tool." url: "https://swiftwill.co.uk/writing-a-will-with-children/" author: "Marcus Kaiser" date_modified: "2026-08-12" --- # Writing a will with children A will lets you name guardians for children under 18, choose who manages their money, and set the age they inherit — 18, 21 or 25. Without one, a court picks the guardian and children inherit outright at 18. Skip an online will if you have children from a previous relationship and a new partner — that usually needs a trust. > SwiftWill provides legal information and software for England & Wales under Section 9 of the Wills Act 1837. Figures are taken from gov.uk, legislation.gov.uk and HMCTS, checked 12 August 2026. We have not given you legal advice — this is general information. ## What three decisions does a will settle for your children? Who raises them if they are under 18, who looks after the money, and when they receive it — outright at 18, or held in trust until 21 or 25. Without a will, a court picks the guardian and children inherit at 18 whatever the amount. Skip an online will if you also have a new partner and children from a previous relationship. 1. **Who raises them** — guardians, if you die while they are under 18. 2. **Who looks after the money** — your executors and trustees. 3. **When they receive it** — outright at 18, or held in trust until 21 or 25. ## How do you name guardians in a will? A guardian takes parental responsibility if you die while they are under 18 and no one else with parental responsibility survives you. Name one or two guardians plus substitutes. Always ask them first, and pick people whose location, school runs and values would genuinely work. See [will for parents with young children](/scenarios/i-have-young-children/). ## Should children inherit at 18, 21 or 25? Under intestacy, and under any will without age provisions, a child inherits outright at 18 — including the value of a home. With a will you can choose 18, 21 or 25. Until then the trustees can still use the money for maintenance, education and benefit. Most people choose 21 or 25 for larger sums. ## What does per stirpes mean, and do you need it? If a child of yours dies before you, per stirpes passes their share equally to their own children (your grandchildren). Without it, that share is divided among your other residuary beneficiaries — meaning that child's own children could receive nothing. In the SwiftWill interview it is a single checkbox next to any beneficiary who is your child. ## When is an online will the wrong tool for parents? Children from a previous relationship plus a current partner usually need a life-interest trust — a solicitor. A disabled or vulnerable child who may never manage money needs a vulnerable-beneficiary trust — a solicitor. Stepchildren you want to provide for can be named in an online will; they inherit nothing under intestacy unless adopted. - **Children from a previous relationship plus a current partner** — see [second marriage with children](/scenarios/second-marriage-with-children/). - **A disabled or vulnerable child** — individual trust drafting. - **Stepchildren you want to provide for** — name them in a will; [stepchildren do not inherit on intestacy](/can-stepchildren-inherit/). Our [60-second suitability check](/start/) screens for the first two automatically. For everything else, guardians, minor-trust and per stirpes options are built in — £35, about 15 minutes. The general walkthrough is [how to make a will in the UK](/how-to-make-a-will/). ## Frequently asked questions ### What happens to my children if I die without a will? Two separate problems. Their inheritance follows the intestacy rules — children inherit outright at 18, whatever the amount. And who raises them is decided without your input: parental responsibility passes according to law, and if nobody with parental responsibility survives you, the court appoints a guardian. A will lets you decide both. ### Does naming a guardian in my will make it official? Naming a guardian in your will appoints them to take parental responsibility if you die while your child is under 18 and no one else with parental responsibility survives you. It is the standard, legally recognised way to record your choice — and you should always ask your chosen guardians before naming them. ### Should I choose 18, 21 or 25 for my children to inherit? It depends on the sums involved. At 18 a child inherits outright, whatever the amount — fine for modest estates. For larger sums, most people choose 21 or 25: the money is held in trust by your executors until then, but the trustees can still use it for the child's maintenance, education and benefit in the meantime. ### What is per stirpes and do I need it? Per stirpes means: if a child of yours dies before you, their share passes equally to their own children (your grandchildren). Without it, that share is divided among your other residuary beneficiaries instead. If you want each branch of the family to keep its share, choose per stirpes. ### Can the guardians also be the executors or trustees? Yes, and they often are — it keeps things simple. Some people deliberately separate the roles so one person looks after the children and another looks after the money, as a check and balance. Either approach is valid; choose people who get along. ### I have children from a previous relationship and a new partner. Is an online will enough? Probably not. If you leave everything to your partner, they can later change their own will and your children could inherit nothing — the “sideways disinheritance” problem. Protecting children from a prior relationship usually needs a life-interest trust drafted by a solicitor. Our suitability check will flag this before you pay. Canonical HTML: https://swiftwill.co.uk/writing-a-will-with-children/ Markdown: https://swiftwill.co.uk/writing-a-will-with-children.md Last modified: 2026-08-12 Author: Marcus Kaiser (https://swiftwill.co.uk/author/marcus-kaiser/)