Will Writing for Parents: Protecting Your Children

59% of parents in the UK either don't have a will or have one that's out of date.

Let that sink in. More than half of all parents haven't legally protected their children in the event of their death.

If you have children under 18, a will isn't just about money. It's about who looks after your kids. Without a will naming guardians, the court decides. And the court doesn't know your family the way you do.

You've spent £200 on a car seat. You've baby-proofed every cupboard. You've researched the best schools. Now spend £9.99 on the one thing that actually protects your children if the worst happens.

Why Parents Need a Will

Naming Guardians — The Most Important Reason

If both parents die, who raises the children?

Without a will, the court decides. They'll appoint a guardian based on what they believe is in the child's "best interests." This could be a grandparent, an aunt or uncle, or even someone you wouldn't have chosen.

The court process takes time. During that time, your children may be placed in temporary care. Family members may disagree about who should take them. Relationships can be damaged permanently.

With a will, you name the guardians yourself. The court almost always respects the parents' stated wishes. There's no uncertainty, no family arguments, no temporary care placements.

This alone is reason enough to make a will.

Controlling When Children Inherit

Under intestacy rules (dying without a will), children inherit at age 18. There's no option to delay this. No conditions, no guidance, no trustees managing the money.

Eighteen-year-olds receiving a large inheritance — especially one born from tragedy — often make poor financial decisions. This isn't a judgment on teenagers; it's human nature.

With a will, you can set the inheritance age to 21, 25, or any age you choose. You appoint trustees to manage the money until your children reach that age. The trustees can release funds for education, housing, and living costs in the meantime.

Protecting Your Partner

If you're married, your spouse will inherit under intestacy rules (the first £322,000 plus half of the remainder). But without a will, the process is slower, more stressful, and more expensive.

If you're not married, your partner inherits nothing under intestacy. It doesn't matter that they're the parent of your children, that you share a mortgage, that you've been together for years. Without a will, they get zero.

A will fixes this instantly.

What Every Parent's Will Should Include

1. Guardian Appointments

Name the people who should look after your children if both parents die. Consider:

• Who shares your values? Guardians will raise your children day-to-day
• Who has the capacity? Consider age, health, and family commitments
• Who's willing? Always ask potential guardians before naming them
• Location — will your children need to move schools?
• Name a backup guardian in case your first choice can't act

You can name the same guardians for all your children, or different guardians for different children (though keeping siblings together is usually preferred by courts).

2. Inheritance Provisions

Decide:

• What your children inherit — usually the residuary estate (everything after specific gifts)
• At what age they inherit — 18 is the legal minimum, but you can set 21, 25, or older
• Who manages the money until they're old enough (trustees)
• What trustees can spend it on — education, housing deposits, living costs

3. Trustees

Trustees manage your children's inheritance until they reach the age you've specified. They can be the same people as the guardians, or different people.

Some parents name guardians and trustees separately — the guardians raise the children, but a financially savvy friend or family member manages the money. This prevents any one person having too much responsibility.

4. Executors

Executors handle the administration of your estate — paying debts, distributing assets, dealing with probate. They can be the same people as guardians and trustees, or different.

5. Life Insurance and Pensions

Your will doesn't control life insurance payouts or pension death benefits directly (these are usually determined by nomination forms with the provider). But your will should account for the overall financial picture.

Make sure your life insurance nomination forms and pension death benefit nominations are up to date and consistent with your will.

Common Scenarios for Parents

Married Couple, Young Children

Typical mirror wills provision: Everything to the surviving partner. If both die, everything to the children at age 21 (or 25), held in trust by named trustees. Named guardians for children.

Cost at CheapWills: £14.99 for mirror wills

Unmarried Couple, Young Children

Same as above, but critical. Without wills, the surviving partner inherits nothing. The children inherit everything at 18 with no trust protection. No one has legal responsibility to look after the partner.

Cost at CheapWills: £14.99 for mirror wills

Single Parent

Typical will provision: Everything to the children at age 21 (or 25), held in trust. Named guardians. Named trustees. Backup provisions if a child dies before the inheritance age.

Cost at CheapWills: £9.99 for a single will

Blended Family (Children from Previous Relationships)

This is more complex. You may want to leave assets to children from different relationships, ensure your current partner is provided for, and prevent potential disputes.

For straightforward blended family situations, CheapWills can handle separate provisions for different children. For complex situations with potential disputes, consider a solicitor.

Cost at CheapWills: £9.99 per individual will

Choosing Guardians: A Practical Guide

This is the decision most parents agonise over. Here's a framework:

The Questions to Ask

1. Do they share our values? Religion, education philosophy, lifestyle
2. Do they have a good relationship with our children? Children should know and like their potential guardians
3. Are they physically and financially capable? Raising children is expensive and demanding
4. Are they willing? Never assume — always ask
5. Where do they live? Moving cities is traumatic for grieving children
6. What's their family situation? Would taking on your children cause problems in their family?
7. What's their age and health? Ideally guardians should be young enough to see children into adulthood

Common Choices

• Grandparents — know the children well, but may be too old for long-term guardianship
• Siblings (aunts and uncles) — similar age, often close relationships, may have their own children
• Close friends — shared values, strong relationship, but no blood tie (which doesn't matter legally)

You Can Name Different Guardians for Different Roles

• Day-to-day guardians — who raises the children
• Trustees — who manages the money (can be the same or different people)
• Backup guardians — who steps in if the primary guardian can't

What If You Can't Agree?

If you and your partner can't agree on guardians, you can each name different guardians in your individual wills. The court will consider both nominations if both parents die. This isn't ideal — it's better to agree — but it's better than naming no one.

Setting the Right Inheritance Age

The default inheritance age without a will is 18. With a will, you can set any age. Common choices:

You can also set different ages for different portions:

• Access to 50% at 21
• Access to the remainder at 25

Trustees can release funds before the inheritance age for specified purposes — typically education, housing deposits, and reasonable living costs.

The Numbers

• 59% of parents don't have a will or have one that's out of date
• 30 million UK adults don't have a will
• 54% say they "haven't got round to it"
• A will from CheapWills costs £9.99 — less than a children's book

Every parent worries about their children's safety. Every parent takes precautions — car seats, safety gates, sunscreen, first aid kits. A will is the ultimate precaution: making sure your children are looked after by the right people if you're not there.

What Happens Right Now If Both Parents Die?

If you don't have a will today, here's what happens:

1. Your children are placed in temporary care while the authorities work out what to do
2. Family members apply to the court for guardianship — potentially competing against each other
3. A judge who has never met your family decides who raises your children
4. Your children inherit everything at 18 — no trust, no conditions, no financial guidance
5. If you're unmarried, the surviving parent's partner gets nothing from the deceased's estate

All of this is preventable with a 10-minute questionnaire and £9.99.

Take Action Today

You've read this far because you care about your children's future. Now do something about it.

1. Talk to your partner about guardians
2. Decide who should manage the money (trustees)
3. Choose an inheritance age
4. Spend 10 minutes on CheapWills
5. Pay £9.99 (or £14.99 for mirror wills)
6. Print, sign, and witness your will
7. Tell your executors and guardians where to find it

Your children deserve this protection. It costs less than a pizza.

Make your will today for £9.99 — it takes 10 minutes.

Frequently Asked Questions

What happens to my children if I die without a will?

If both parents die without wills, the court appoints guardians based on its assessment of the children's best interests. This takes time and may not result in the people you would have chosen. Children inherit at 18 with no trust protection.

Can I name anyone as guardian?

Yes, you can name any willing adult as guardian. They don't need to be a relative. The court will almost always honour the parents' choice unless there's a compelling reason not to.

Do both parents need to name the same guardian?

It's strongly recommended. If parents name different guardians and both die, the court must decide between competing nominations. Agreeing on guardians avoids this.

At what age do children inherit?

Without a will: 18. With a will: any age you choose. Most parents set 21 or 25. Trustees can release funds for education and living costs before the inheritance age.

Should guardians and trustees be the same people?

They can be. Some parents prefer to separate the roles — one person raises the children, another manages the money. This can prevent conflicts of interest and ensures each role is filled by someone suited to it.

How much does a parents' will cost?

From £9.99 at CheapWills for a single will, or £14.99 for mirror wills for couples. Solicitors charge £150–£500+. Every option produces a legally valid document that names guardians and protects your children.