Can I Leave Everything to My Children?

Most wills that leave everything to children do so by naming the children as beneficiaries of the residuary estate, which is everything left after debts, funeral expenses and any specific gifts have been dealt with. You can specify equal shares, for example one third each to three children, or unequal shares if you have reasons for treating children differently.

This is one of the simplest and most common structures in a will, and it works well provided the children are named clearly and you have thought through what happens if one of them is not alive when you die.

If your will leaves money to children with no age specified, they are entitled to inherit outright once they turn 18. Many parents feel this is too young for a significant inheritance and instead choose a later age, commonly 21 or 25, during which the money is held on trust by the executors or trustees you appoint.

Trustees can generally use income or capital for a child's maintenance, education or general benefit before the chosen age is reached, so choosing 21 or 25 does not prevent money being used sensibly in the meantime. There is no fixed rule; it depends on how you view your children's readiness and the size of the estate.

Many parents choose equal shares between children as the simplest and least contentious option. However, you are free to leave unequal amounts if circumstances justify it, for example one child having already received significant financial help, or a child with additional needs requiring more support.

If you do decide on unequal shares, it is worth explaining your reasoning in a separate letter of wishes, since an unequal will can sometimes prompt questions or disputes between children after your death, and a clear explanation can reduce the risk of that.

It is important to state what happens if a child dies before you. A per stirpes, or substitutional, gift means that if a child has already died, their own children (your grandchildren) step into their place and inherit their parent's share, rather than that share passing only to your surviving children or falling into intestacy.

Without this kind of clause, a deceased child's share could end up being redistributed in a way you did not intend, particularly if they have left children of their own who you would want to benefit.

If you are separated, divorced, or have no spouse or partner, leaving everything to your children is often the natural choice. If you do have a spouse or partner and want to provide for them as well as your children, you will need to think about how the two interests are balanced, for example an outright gift to your spouse, a life interest trust, or a split of the estate between them.

My Posh Will's guided online process helps you work through these choices clearly, whether you are leaving everything to your children alone or balancing that against provision for a partner. A single will costs £69 and mirror wills cost £89, both one-off payments with lifetime access, and most people finish in about ten minutes, with instructions included for signing and witnessing correctly.