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.

Writing a Will When You Have Children (2026 Guide)

Writing a will when you have children

Quick answer

A will lets you name guardians for children under 18, choose who manages their inheritance, and set the age (18, 21 or 25) at which they receive it. Without a will, the intestacy rules decide — children inherit outright at 18, and an unmarried partner or stepchildren can be left with nothing.

A parent and young child reading a book together on a green sofa in a cosy British living room

The three decisions a will settles for your children

Who raises them — guardians, if you die while they are under 18.
Who looks after the money — your executors and trustees.
When they receive it — outright at 18, or held in trust until 21 or 25.

Naming guardians

A guardian takes parental responsibility for your children if you die while they are under 18 and no one else with parental responsibility survives you. In the SwiftWill interview you can name one or two guardians plus substitutes — naming substitutes protects against your first choice being unable to act. Two practical rules: always ask your chosen guardians before naming them, and pick people whose parenting values and circumstances (location, school runs, other children) would genuinely work.

Trusts for children: the 18 / 21 / 25 choice

Under the intestacy rules, and under any will without age provisions, a child inherits outright at 18 — whatever the amount, including the value of a home. With a will you can choose 18, 21 or 25. If a beneficiary is younger than the age you choose when you die, their inheritance is held in trust by your executors until they reach that age — and the trustees can still use the money for the child's maintenance, education and benefit in the meantime. Most people choose 21 or 25 for larger sums.

Per stirpes: keeping each branch's share in the family

If you leave a share to one of your children and they die before you, choosing the per stirpes option passes their share to their own children (your grandchildren) in equal parts. Without it, their share is divided among your other residuary beneficiaries — meaning that child's own children could receive nothing. In the SwiftWill interview, per stirpes is a single checkbox next to any beneficiary who is your child.

Special situations that need more than an online will

Children from a previous relationship plus a current partner — the sideways-disinheritance risk usually calls for a life-interest trust: a solicitor.
A disabled or vulnerable child who may never manage money — a vulnerable-beneficiary trust needs individual drafting: a solicitor.
Stepchildren you want to provide for — stepchildren inherit nothing under the intestacy rules unless legally adopted, so naming them in a will is essential (an online will handles this well).

Our 60-second suitability checkscreens for the first two automatically. For everything else, the interview's guardians, minor-trust and per stirpes options are built in — £35, about 15 minutes.