Making a will as a parent
Last reviewed 4 October 2026 · 6 min read · England & Wales
Most parents put off writing a will because it means imagining the worst. But a will is the only place you can say, in a way the law will respect, who you want to raise your children and how the money you leave them should be looked after. Without one, those decisions can end up with people who never knew what you wanted.
This guide is general information about the law in England and Wales. It isn't legal advice, and everyone's situation is different. If your circumstances are complicated, speak to a solicitor.
Why parents need a will more than most
If you die without a will, the intestacy rules decide who inherits, and they say nothing at all about who should care for your children. If there is no surviving parent with parental responsibility, the family court may have to decide, and relatives can find themselves applying to court or disagreeing about what you would have wanted.
A will lets you deal with three things in one document: who looks after your children, who manages their inheritance, and when they get it.
Choosing a guardian
A guardian takes on parental responsibility for your children if both parents have died, or if you were the only parent with parental responsibility. Any parent who has parental responsibility can appoint a guardian in their will.
Questions worth asking yourself
- Do they share your values and the way you'd want your children brought up?
- Would your children have to move house, school or area, and how would they cope?
- Is their age and health likely to let them see your children through to adulthood?
- Do they have the time and space, given their own work and family?
- Do your children already know them well and feel comfortable with them?
Money matters less than you might think. You can leave your estate, life insurance and pension benefits to support your children, so a guardian doesn't need to be well off to do the job well.
Talk to them first
Nobody is obliged to accept being a guardian. Ask the people you have in mind before you name them, so you know they are willing and they know what you'd want.
Always name a back-up
Circumstances change. Your first choice might move away, become ill or simply not be able to say yes when the time comes. Naming a substitute guardian means your will still works if your first choice can't act, without anyone having to go to court.
Leaving money to children
In England and Wales a child cannot legally receive an inheritance outright until they turn 18. Anything you leave to a child is held on trust for them by your executors or trustees, who manage it and can use it for their upbringing, education and wellbeing in the meantime.
At 18, whatever is left becomes theirs to do with as they like. Some parents are happy with that. Others would rather their children received money at 21 or 25, or in stages. That is possible, but it involves setting up a more detailed trust, and the tax position can change, so it is worth taking advice from a solicitor if you want something other than 18.
Choosing executors and trustees
Your executors deal with your estate after you die, and usually also act as trustees of anything held for your children. Choose people who are organised, honest and likely to still be around in fifteen or twenty years. You can name up to four, and having at least two adds a useful check.
Things that catch parents out
- Unmarried couples. If you aren't married or in a civil partnership, your partner inherits nothing under the intestacy rules. Your children would, but a partner who is also their parent might be left without the home or money they need to raise them.
- Stepchildren. Children you haven't legally adopted don't inherit under the intestacy rules. If you want to provide for them, say so in your will.
- Life insurance and pensions. These often pay out separately from your will. Check who the policies are set to pay, and consider whether they should be written in trust.
- Getting married. Marriage or a civil partnership normally cancels an existing will, so make a new one afterwards.
For more on what happens without a will, read what happens if you die without a will. If you're making wills as a couple, see mirror wills explained.
When to get a solicitor instead
An online will works well for many families. Speak to a solicitor if a child has a disability and receives or may need means-tested benefits, if you want money held until later than 18, if you have children from more than one relationship and want to treat them in a particular way, or if you own a business or property abroad.
Common questions
Can I choose a guardian who lives abroad?+
Yes, you can name anyone you trust. Bear in mind that your children would probably move to live with them, so think about schooling, family contact and whether your guardian would be willing and able to relocate or have the children move overseas.
Can I name a couple as joint guardians?+
You can appoint more than one person. If you name a couple, think about what you'd want if they later separated or one of them died, and consider naming them so that either can act alone. If your wishes are complicated, a solicitor can help with the wording.
Does a guardian have to look after my children's money too?+
Not necessarily. Your guardian cares for your children day to day, while your executors and trustees manage what you leave them. Many parents choose the same person for both roles; others prefer to keep them separate so there is a second pair of eyes on the money.
Do I need a new will when I have another child?+
If your will leaves your estate to 'my children' as a group, a new baby is usually covered automatically. If it names each child individually, update it. Either way, a new arrival is a good moment to check your guardians and executors are still the right people.
What if my children's other parent is still alive?+
In most cases a surviving parent with parental responsibility continues to look after the children, and a guardian you appoint in your will steps in only when neither parent is able to. A court can make different arrangements if that is in the child's best interests.