What three decisions does a will settle for your children?
Who brings them up, who manages the money, and when they receive it. GOV.UK lists naming who should look after children under 18 as one of the things a will should set out.
- Who brings them up: guardians, if you die while they are under 18 and no parent with parental responsibility is left.
- Who manages the money: your executors, who also act as trustees of anything held for your children.
- When they receive it: outright at 18, or held in trust until 21 or 25.
How do you name guardians in a will?
A parent with parental responsibility can appoint a guardian in a will or any written, dated and signed document (Children Act 1989, section 5). The appointment usually takes effect only when no parent with parental responsibility is left, so it does not override a surviving parent. Ask your choices before naming them.
In SwiftWill, if you have children under 18 you must name at least one guardian, and you can name up to four. They are all appointed jointly, to act together. The interview does not draft a back-up guardian who acts only if the first choice cannot, or different guardians for different children; use a service or solicitor who can if you need that. The legal detail, including unmarried fathers’ position, is in appointing a guardian in your will.
Should children inherit at 18, 21 or 25?
That is your choice in a will. Under the intestacy rules, a child’s share is held until they reach 18 (Administration of Estates Act 1925, section 47), and the same is true under a will that sets no later age. That share can include part of the value of the family home.
If you choose 21 or 25 in the SwiftWill interview, a beneficiary under that age at your death inherits only if they reach it: the will holds their share on trust until then and lets the trustees use income and capital for their maintenance, education and benefit in the meantime. If they die before that age, their share passes as if they had died before you, for example to their own children under per stirpes. The age applies to every younger beneficiary in the will, not only your children. Many parents prefer a later age for larger sums, but there is no right answer; think about what each child might do with the money at 18.
What does per stirpes mean, and do you need it?
Per stirpes keeps a family branch’s share in that branch: if one of your children dies before you, their share of the residue passes equally to their own children. In SwiftWill it is an option shown when you mark a residuary beneficiary as your child. Without it, that share goes to a substitute if you named one or, where there are other residuary beneficiaries, is divided between them, which means your grandchildren in that branch could receive nothing from it.
Who should manage the money?
Your executors, who SwiftWill’s will also appoints as trustees. They hold what a child inherits until the age you chose. The will lets them pay money for a younger beneficiary’s benefit and accept a receipt from a parent or guardian. Choosing the guardian as an executor keeps things simple; choosing someone else gives a second person oversight of the money. See what is an executor.
When is an online will the wrong tool for parents?
When you need a trust or tailored arrangement. The common cases:
- Children from a previous relationship plus a current partner. This usually needs a life-interest trust; see second marriage with children.
- A child with a disability or long-term care needs. GOV.UK recommends advice when leaving money to a dependant who cannot care for themselves, and a trust may be needed.
- You are separated and the other parent has parental responsibility, or you expect a dispute over who looks after the children.
- Your estate is near the inheritance tax thresholds and you want to plan around them.
Stepchildren you want to provide for can be named in an online will; stepchildren do not inherit under intestacy unless adopted. SwiftWill’s suitability questions screen for trusts, blended families and dependants who cannot care for themselves before you start. If none applies, you can start your will and read the preview, including the guardian and age clauses, before paying. The general walkthrough is how to make a will.
Sources
- Children Act 1989, section 5
- GOV.UK: write your will
- Administration of Estates Act 1925, sections 46 and 47 (intestacy, and children inheriting at 18)
Sources checked 24 September 2026.