Rebecca Healy, Senior Solicitor in our Private Client team explains some of the top points consider when you are putting a Will in place when you have children.
Having a new baby is a wonderful, joyous yet demanding time and there is certainly a lot to think about! It is therefore understandable that preparing a new Will, or updating a current Will is not at the forefront of a new parent’s mind.
Whether it is your first child, or another addition, planning and safeguarding for your family and children’s future is important and something that should not be put to the side for another day.
Putting a Will in place can assure peace of mind for life’s uncertainties and ensure that your family is protected, in line with your own personal wishes.
But what are the key points to consider when putting a Will in place now that you have children or the consequences of not preparing one?
Guardians
Including a guardianship provision in your Will, provides you with the power to determine who would take on the role of caring for your children, if they were under the age of 16, when you die. Not only would this provide reassurance knowing that should anything happen to you, your children are cared for by those you feel comfortable with but it also gives you the opportunity to discuss with your nominated guardians your views in relation to your children’s care, to allow for their needs to be met.
If you die without a valid Will or without including guardian provisions in your Will, the Local Authority or court would decide who should be guardian to your children. This may not be who you would want.
Trustees & trust provisions
If you die whilst your children are young, anything you leave for them will be held in trust. In your Will, you can nominate trustees who would be responsible for administering and managing such a trust and who would do so with your children’s best interests in mind.
You can thereafter include trust provisions to suit your individual family structure and dynamic. Trustees can make decisions on how to manage funds and use their discretion as to what to pay for, which may include education, trips, holidays, accommodation or anything else you deem to be important.
If you die without a Will in place, the court would follow strict inheritance rules in determining who is to inherit and who would administer your estate, which may not align with your intentions.
Age of inheritance
Preparing a Will allows you to include the age of inheritance you feel most comfortable with. With children in mind, this is usually between 16 and 25.
In Scotland, the automatic age of inheritance is 16. If for you 18 to 25 is more suitable, then relevant Trust provisions, as touched on above, can be included to reflect your wishes.
Gifts and legacies
You may have assets or items which you wish to give to your children when you die. Whether it is a piece of jewellery or a sentimental piece of art or furniture, you can include this in your Will.
If you did not have a Will or this isn’t included, these items may be forgotten about or go to another individual when you die.
If you are looking to prepare a Will, our Private Client team are here to help guide and support you through the process. We can be flexible to work around your new routine, whether that be baby classes, NCT meet ups and hopefully even naps (!) to discuss your new Will and assist you with putting one in place.
Published 28 April 2025
