Will Writing for New Parents: What You Need in Place Before Baby Arrives (2026)

Having a baby changes everything — including the urgency of writing a will. Many new and expectant parents know they should have one but keep putting it off. The result is that thousands of children in the UK have no guardian named, no financial protection in trust, and parents whose estates would be distributed by a legal formula rather than their actual wishes.

Why Writing a Will Matters More Than Ever When You Become a Parent

Before you have children, dying without a will is unfortunate but manageable. After you have children, it's a different situation entirely:

• No will = no named guardian. A court decides who raises your child, with no instruction from you.
• No will = no trust. Children under 18 can't legally hold significant assets. Without a will specifying otherwise, their inheritance is held under a statutory trust until they turn 18 — paid out in full at that age, with no conditions.
• No will = intestacy rules apply. Your estate is distributed according to a legal formula that may not reflect your wishes.

Writing a will when you become a parent isn't morbid. It's one of the most practical things you can do for your child.

Appointing a Guardian in Your Will

Appointing a guardian is the single most important thing a new parent can do in a will. A guardian is the person (or people) who will raise your child if both parents die before the child reaches 18.

Who Can You Appoint?

You can appoint any adult you trust to raise your child in accordance with your values. Common choices include a sibling or sibling-in-law, a close friend, or a parent (grandparent). You can appoint joint guardians or a single guardian.

What to Think About When Choosing a Guardian

• Values and parenting style — will they raise your child the way you would?
• Age and health — can they realistically care for a child over the long term?
• Location — would your child have to move away from their school, friends, and community?
• Their own family — do they have children already? How would your child fit in?
• Willingness — have you asked them? A guardian appointment only works if the person is prepared to take it on.

What Happens If You Don't Name a Guardian?

If both parents die with no guardian named, the court decides. Anyone can apply to be appointed — including relatives you wouldn't have chosen. The process takes time and causes uncertainty for your child at an already devastating moment.

Setting Up a Trust for Minor Children

Children under 18 cannot inherit property or significant sums of money directly. If you leave assets to a child, those assets are held by trustees until the child is old enough to receive them.

The Default Position: Statutory Trust at 18

Without a will, any assets left to your child are held under a statutory trust and paid out at age 18 — in full, all at once. That might be a significant sum landing in the hands of a teenager.

What You Can Do with a Will

Your will lets you specify:

• Who acts as trustee — ideally someone financially sensible, who may or may not be the same person as the guardian
• At what age your child inherits — many parents choose 21, 25, or a staged release (e.g., half at 21, half at 25)
• What the money can be used for in the meantime — education, housing, living expenses

Updating an Existing Will vs Writing a New One

If you already have a will, having a baby doesn't automatically revoke it — but it almost certainly means you should update it.

Things your existing will probably doesn't cover:

• Your new child as a beneficiary
• A guardian for that child
• A trust arrangement suited to a minor
• Updated executor choices

Important: Marriage does revoke an existing will automatically in England and Wales. If you made a will while single, then got married or had a civil partnership, that will is now void. Write a new one.

Both Parents Need a Will

Each parent should have their own separate will. Even if your wishes are largely mirrored, two separate documents ensure that:

• Each parent's estate is dealt with correctly if one survives the other
• The guardian nomination appears in both wills (reinforcing the appointment)
• Each will reflects each person's individual assets and wishes

When to Write Your Will

Ideally, before your baby arrives. Wills can be written and signed at any point during pregnancy. Don't wait for the chaos of the newborn stage. If your baby has already arrived and you still don't have a will, do it now. There's no good reason to wait, and the cost of not having one — to your child — is enormous.

FAQ: Will Writing for New Parents UK