Making a Will When You Have Children

Under the intestacy rules that apply when someone dies without a valid will, a surviving spouse or civil partner and children inherit according to a fixed formula, and unmarried partners inherit nothing at all regardless of how long the relationship lasted. If both parents die without wills, the rules for who becomes the children's guardian and who administers the estate are decided by the court, drawing on family members in a set order rather than the people you would have chosen.

A will avoids that uncertainty. It lets you name a guardian, decide how your estate is divided between your children and anyone else you want to provide for, and appoint executors you trust to deal with everything sensibly and quickly at a difficult time.

If you leave money to children outright with no age specified, under English law they are entitled to receive it once they turn 18. Many parents feel 18 is too young to receive a significant sum outright, and choose a later age instead, commonly 21 or 25, during which the money is held on trust by the executors or trustees you appoint.

Trustees can usually still use income or capital for a child's maintenance, education or benefit before the chosen age is reached, so choosing a later vesting age does not prevent money being used sensibly in the meantime. There is no single right answer; it depends on your view of your children and the size of the estate.

Parents often want to treat children equally, but equal is not always the same as fair, particularly in blended families, where one child may have already received financial help, or where a child has additional needs that mean they cannot manage money independently. It is worth thinking through these situations explicitly rather than assuming a simple equal split will work as intended.

If you have children from a previous relationship and a new spouse or partner, be careful about leaving everything to your spouse in the expectation that they will look after your children later. There is no obligation on a surviving spouse to do so, and they remain free to change their own will at any time. Where this applies to your family, take advice on structures such as life interest trusts rather than relying on an informal understanding.

It is sensible to say what happens if a child named in your will dies before you. A common approach is a 'per stirpes' or substitutional gift, so that a deceased child's own children step into their place and inherit their share, rather than that share passing to your other children or falling into the residue unexpectedly.

This is particularly relevant as your children grow up and have families of their own, so it is worth reviewing your will as circumstances change rather than treating it as a one-off task.

A straightforward will for a family with children in a single relationship, no business interests and no unusual complications can generally be handled through a well-designed online will service. Once your circumstances become more complex, however, professional advice reduces the risk of a will that does not work as intended or that gets successfully challenged.

Speak to a solicitor if you have a blended family with children from different relationships, a dependant who cannot manage their own affairs, a business or farm, property abroad, or if you think someone might bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 because they feel inadequately provided for.