Making a will when you have children

Think about care and money separately

Start with two questions: who could care for your children, and who could manage money left for them?

A guardian takes on legal responsibility for a child’s care when the appointment takes effect. A trustee manages money or property held for someone else. The same person may have both roles, but you do not have to make the same choice.

Ask before naming anyone. Think about their health, home, existing responsibilities and willingness to help. Consider a backup if your first choice cannot act.

Understand when a guardian can act

In England and Wales, a parent with parental responsibility can appoint a guardian in a will. Parental responsibility means the legal rights and duties a parent has for a child.

Naming a guardian does not simply override a surviving parent’s rights. If another parent has parental responsibility, the appointment will usually take effect later, when no parent with that responsibility remains.

Court orders and special guardianship can change the position. Ask a solicitor if parents are separated, a court order exists, or you are unsure who has parental responsibility.

Plan how money would be managed

Tell your adviser who should benefit and when you want them to receive money. Ask who would look after it before then and how it could be used for the child’s needs.

If a child needs ongoing care or support, explain that early. A gift may affect more than their savings. A solicitor can consider the wider plan and whether a trust is suitable.

Do not assume the person caring for your child will automatically control every asset left to them.

Write down the points that matter

• Who could care for each child, and have they agreed?
• Would your choice keep siblings together?
• Who could manage money and keep records?
• Are there children or stepchildren from another relationship?
• Does anyone need long-term support?
• What should happen if a chosen person dies before you?

You can keep a separate note about routines, school, important contacts and your hopes for your children. It can help a carer, but it does not replace a valid legal appointment.

Review your will when your family changes. Rules differ elsewhere in the UK; check the right national guidance.