Wills · 10 min read · Published
Wills for parents: guardianship, trusts and protecting your children
A will is the usual way to name guardians for your children and control how your assets are managed for them. What parents need to include.
By Aaron Johnson, Consultant Solicitor and TEP, a solicitor in Bridlington who writes every guide himself.
This guide is general information about the law of England and Wales, not legal advice. Each case is assessed on its own merits.
Guides · Wills · No. 12 of 18Published · 10 minutes
Having children changes your need for a will. Without one, there is usually no legal document naming who should look after your children if you die. If no parent with parental responsibility survives, a court may have to decide.
A will is the usual and safest way to appoint guardians. It also lets you control how your money and property are managed for your children. This guide covers what parents need to know.
Why parents need a will most
For most adults, a will is about who gets what. For parents there is more at stake: who cares for your children.
Without a will:
- Nobody is legally appointed as your children's guardian
- If no parent with parental responsibility survives, a court may have to decide who looks after them
- Your estate passes under the intestacy rules, which may not be what you want
- Your children could receive their whole inheritance at 18 with no safeguards
- If you are not married, your partner may inherit nothing, however long you have lived together
Appointing guardians in your will
Choosing guardians is one of the hardest decisions a parent makes. Think about:
- Shared values: whether they share your approach to parenting, education and family life
- Existing relationship: whether your children know them and feel comfortable with them
- Age and health: whether they can care for young children for many years
- Location: whether your children would have to move, change school and leave their friends
- Their own family: whether they have children of their own, and the space and capacity for more
- Willingness: whether you have asked them. Do not name someone without their knowledge
Protecting your children's inheritance
A child under 18 cannot hold land in their own name or give a valid receipt for an inheritance. If your will leaves an inheritance to a child with no trust, trustees hold the money until the child turns 18 and then hand over everything.
For most parents, 18 is too young for a large sum. A trust in your will lets you set the age and the conditions:
Direct Inheritance vs Trust for Children
| Direct Inheritance (No Trust) | Trust in Your Will |
|---|---|
| The child receives everything at 18 | You choose when they inherit (21, 25 or 30, for example) |
| No control over how the money is spent | Trustees can release money for education, housing and similar needs |
| Open to poor financial decisions | Protected while the child is young |
| No protection from a future divorce or creditors | Some protection from divorce settlements and bankruptcy |
| Simple, but risky for large amounts | More control and better long-term protection |
Common trust arrangements for children:
- Staged distribution: one-third at 21, one-third at 25, the rest at 30. A trust that runs past 25 can face inheritance tax charges every ten years. A home left to it may not get the residence nil rate band
- Education trust: trustees can release money for school fees, university and training
- Housing deposit: trustees can release a set amount towards a first home
- Maintenance trust: trustees pay a regular income for the child's living costs until a set age
What else parents should include
Essential Will Provisions for Parents
- Appoint guardians (and backups)Name who should look after your children, and an alternative in case they cannot.
- Create a trust for children's inheritanceSet the age they inherit and give the trustees power to help them before then.
- Choose trusteesPick responsible people to manage the trust. Consider a mix of family and a professional.
- Provide for your partnerMake sure your partner (especially if you are not married) is provided for and can stay in the family home.
- Write a letter of wishesA non-binding letter to your guardians and trustees explaining your hopes for your children's upbringing, education and values.
- Review life insuranceCheck you have enough life cover to support your children if you die. Consider writing the policy in trust to keep it outside your estate.
Family wills in Bridlington and East Yorkshire
Many young families in Bridlington put off a will because it feels morbid or complicated. It need not be. A will for parents usually takes one meeting to discuss your wishes. Aaron handles the rest.
New parents, single parents, blended families and grandparents wanting to protect a grandchild's inheritance can all be helped. Aaron charges fixed fees. A standard will, mirror wills for a couple, a will with a trust in it and a couple's wills with a trust in them are each priced on their own. Every fee, with VAT, is on the fees page. Home visits are available across East Yorkshire.
Your children are the most important reason to make a will. Everything else, the house, the savings, the possessions, is secondary to knowing they will be looked after by people you trust.
Sources
The official pages behind the rules this guide explains. Each was checked on .
Children Act 1989, section 5: Appointment of guardians
legislation.gov.uk
Written by Aaron Johnson, Consultant Solicitor and TEP · Law of England and Wales as at 20 March 2026 · Ends
