A school bag by the door, a packed lunch in the fridge, a diary full of family plans – parenthood is built on looking ahead. One of the clearest reasons parents need wills is that, if the unexpected happens, a will gives the people you trust practical guidance and legal authority to care for your children and deal with your estate.
Without a valid will, the law decides who inherits under the rules of intestacy. Those rules cannot know your family arrangements, your priorities or the people you would choose to make decisions after your death. Making a will is not about expecting the worst. It is about putting protection in place while you can.
1. You can nominate guardians for your children
For many parents, this is the decision that matters most. A will lets you state who you would want to act as guardian if your children are under 18 and there is no surviving person with parental responsibility able to care for them.
A guardian is responsible for the day-to-day care and major decisions in a child’s life, including where they live, schooling and medical treatment. Your choice might be a sibling, close friend or grandparent. What matters is that you choose someone who understands your values, has a realistic ability to take on the role and is willing to do it.
It is sensible to speak to your proposed guardians before naming them. You may also wish to name substitutes in case your first choice cannot act when the time comes. A guardianship appointment in a will is highly important, although the court’s overriding concern will always be the child’s welfare if there is a dispute or difficult circumstances.
2. You decide who receives your money and belongings
A will allows you to say exactly who should benefit from your estate. That includes savings, possessions, investments and, depending on how it is owned, your share of a property.
If you die without a will in England and Wales, intestacy rules determine who inherits. A spouse or civil partner and children may receive an inheritance under those rules, but this may not reflect the arrangement you would have made yourself. An unmarried partner does not automatically inherit under intestacy, however long you have lived together or whether you have children together.
This can be especially worrying for blended families. You may want to provide for a current partner while also ensuring that children from an earlier relationship eventually receive their intended share. A will gives you the opportunity to set out those wishes properly, rather than leaving loved ones to rely on rules designed for a wide range of families.
3. You can protect a child’s inheritance until they are ready
Children under 18 cannot simply receive and manage an inheritance themselves. A will lets you appoint executors and trustees to look after money or assets for them.
You can decide the age at which children should receive their inheritance outright. Some parents are comfortable with 18, while others prefer 21 or 25, particularly where a larger sum or a share of a property is involved. Until then, trustees can use funds for a child’s benefit, such as education, housing or other reasonable needs, subject to the terms of the will.
This is not about assuming your child will be irresponsible. It is about recognising that an inheritance may arrive at a difficult and emotional stage of life. Clear instructions can give them support without handing over every decision too soon.
4. You choose people you trust to manage the practical work
An executor is the person responsible for administering your estate. They collect assets, settle debts and expenses, deal with paperwork, and distribute what remains according to your will.
Without a will, close relatives may need to apply to administer the estate under intestacy rules. This can be more complicated than appointing someone in advance, particularly if family members disagree about who should take on the role.
You can appoint one or more executors. Many parents choose a partner, adult family member or trusted friend, and it is often sensible to appoint a replacement. The person does not need to be an expert, but they should be organised, trustworthy and prepared for the responsibility. An executor can obtain professional help if the estate is more complex.
5. A will can reduce pressure and prevent family disputes
Grief brings enough to deal with. Uncertainty about money, possessions and children’s care can make a painful time far harder.
A will cannot prevent every disagreement, but it reduces room for uncertainty. Perhaps there is a sentimental item you want to leave to a particular relative, money you wish to set aside for a child, or a clear wish that your estate should be divided in a particular way. Writing this down in a valid will makes your intentions known.
This matters where relationships are not straightforward. Separated parents, unmarried couples, stepchildren and adult children from different relationships may all assume different outcomes. A practical will replaces assumptions with instructions.
6. Your home needs careful planning too
A family home is often the largest asset parents own, but what happens to it after death depends partly on how it is held. If you own a property jointly as beneficial joint tenants, it normally passes automatically to the surviving owner. If you own as tenants in common, each owner has a separate share that can pass under their will.
That distinction can be important for couples with children from previous relationships or parents who want to protect a share of the home for their children in the future. In some circumstances, a will trust may allow a surviving partner to remain in the home while preserving the underlying value for children later on.
This area needs care. A will does not automatically change how a property is owned, and it should sit alongside the right ownership arrangements. If your circumstances involve significant assets, business interests, a vulnerable beneficiary or a complex family situation, tailored legal advice may be appropriate.
7. Making a will is easier while life is relatively calm
The best time to make a will is usually before it feels urgent. You have more time to think about guardians, talk to executors and gather the details needed to make sound decisions. It is also easier to revisit a will after a major change, rather than trying to create one during a crisis.
For a straightforward family situation, making a will does not have to be expensive or intimidating. English Wills offers a clear online route for people in England and Wales who want to put their wishes in writing without unnecessary complication. The key is to ensure the will is completed correctly and signed in the presence of two independent witnesses who are both present at the same time. Witnesses, and their spouses or civil partners, should not be beneficiaries, as this can affect their entitlement.
What parents should think through before making a will
You do not need to have every answer immediately, but a little preparation makes the process much more straightforward. Start by considering these four areas:
- Who should care for your children if you and any other parent with parental responsibility cannot?
- Who should act as executor, and who could step in if that person cannot act?
- Who should inherit, including children, a spouse or partner, and any other people or charities you wish to include?
- How is your home owned, and are there pensions, life insurance policies or other assets with separate nomination arrangements?
It is also worth remembering that a will should not be filed away and forgotten. Review it after marriage, divorce, separation, buying a home, having another child or a significant change in finances. Marriage usually revokes an existing will unless it was made in contemplation of that marriage, while divorce can affect how provisions concerning a former spouse are treated.
A will is one of the few documents that speaks for you when you cannot. Set aside the time to make your choices, tell the right people where the signed original is stored, and give your family the clarity they would need most.