Making a Will Before Having a Baby

Before children, a will is mostly about who inherits your money and possessions. Once you have a child, it becomes about something far more significant too: who would raise them if you were not there to. This is done through appointing a guardian in your will, under section 5 of the Children Act 1989, and it is the single clearest reason most new parents finally get round to making one.

If both parents die, or if there is no one else with parental responsibility, a guardian named in a valid will steps into that role. Without one, the decision is left to the family court, drawing on relatives who come forward, guided by what it considers to be in your child's best interests. That can mean delay, uncertainty and a decision made by people other than you at the worst possible time for your family.

Choosing a guardian is rarely straightforward, and it is worth thinking beyond simply who you love most, to who could genuinely take on raising your child day to day. Consider their age, health, existing family commitments, financial stability, and whether their approach to raising children broadly matches your own.

Always ask the person before naming them, so they can think it through honestly rather than being surprised later. It is also sensible to name a reserve guardian, in case your first choice becomes unable or unwilling to act by the time it matters, whether through their own circumstances changing or simply years passing.

A will also lets you decide how any money or property you leave to your child is managed and when they receive it. Rather than passing outright the moment they turn 18, which is what happens automatically under the intestacy rules, you can choose to hold it on trust until an older age, such as 21 or 25, giving your child more time to mature before receiving a potentially significant sum.

The trustees you appoint, who can be the same people as your executors, can usually still apply money for your child's maintenance, education and general benefit before that chosen age is reached, so choosing a later age does not mean the money is locked away and unusable in the meantime.

It is worth knowing that the guardian who cares for your child day to day does not have to be the same person who manages money on their behalf. Some parents prefer to separate these roles, so that the guardian is not also solely responsible for financial administration, particularly if the estate includes a family home or significant savings.

This is entirely a matter of preference and family circumstances. Many parents are comfortable combining both roles in one trusted person, particularly where the estate is modest, while others prefer the added oversight of splitting them between two people who can work closely together.

Many expectant parents aim to have a will in place before their baby is born, particularly if they already have concerns about who would care for the child, though updating a will shortly afterwards, once you know your baby's name and have settled into new routines, works just as well. What matters most is not leaving it indefinitely, since 'newborn' turns into 'toddler' faster than most new parents expect, and the intention to sort it out later has a habit of slipping.

For most new parents, a straightforward will covering guardianship, trusts and inheritance can be made online in a short amount of time, starting from £69, making it one of the more manageable items on an otherwise long new-parent to-do list.