Making a Will After Having a Baby

For most new parents, the most urgent reason to make a will is to appoint a guardian for their baby, so that if the unthinkable happened, there is a clear, legally recorded answer about who would care for their child, rather than leaving that decision to the court to work out from scratch. This is done under section 5 of the Children Act 1989.

As explained in more detail on our guardianship guide, an appointed guardian generally only takes effect where there is no one else with parental responsibility, such as where you are a single parent or both parents have died, or in certain other specific circumstances. Even so, having the appointment in place removes doubt and gives real peace of mind.

With a very young child, it can feel difficult to decide details like an inheritance age, but it is worth doing so rather than leaving it as an open question, since the default position under English law is that a gift with no age specified vests at 18. Many parents of babies choose a later age such as 21 or 25, giving more time for the child to mature before receiving a potentially significant sum outright.

You can revisit this decision as your child grows and your view of them develops; a will is not a permanent document and should be updated as circumstances change.

If you are writing a will shortly after having your first child, think about how the wording covers children you may have in future, so that a second or third child is not accidentally excluded because the will only names one child specifically. Wording that refers to 'my children' generally, rather than naming only the child you currently have, usually avoids this problem, but it is worth checking carefully however your will is drafted.

It is also worth including a substitutional, or 'per stirpes', provision so that if a child were to die before you, that child's own children would inherit their share, rather than it passing only to your other children or elsewhere unintentionally.

Because a baby obviously cannot manage money themselves, any inheritance you leave for them will be held on trust by the executors or trustees you appoint until they reach the age you have chosen. In the meantime, trustees can generally use the funds sensibly for the child's maintenance, education and general benefit.

Choose trustees you trust to act sensibly and, ideally, who get on reasonably well with the guardian, since in practice the two often need to coordinate on the child's upbringing even though the roles are legally separate.

Treat this first will as the start of an ongoing habit rather than a box ticked once and forgotten. Review it again after the birth of further children, a change in relationship status, buying a home, or any other significant change in your circumstances, and update the guardian, executors or beneficiaries as needed.

If your family situation is more complex, for example a blended family or a child with additional needs, take advice from a solicitor to make sure the arrangements will actually work as intended.