Wills for Parents: Guardianship, Trusts and Protecting Your Children

Having children changes everything — including your need for a Will. If you're a parent without a Will, there's no legal document naming who should look after your children if something happens to you. That decision would be left to the courts.

A Will is the only legal way to appoint guardians for your children. It also lets you control how your money and property are managed for them. This guide covers everything parents need to know.

Why Parents Need a Will More Than Anyone

For most adults, the main reason to make a Will is to decide who gets what. But for parents, there's something far more important at stake: your children's care and wellbeing.

Without a Will:

• No one is legally appointed as your children's guardian
• The court decides who looks after them — which could be anyone with "parental responsibility" or who applies
• Your estate is distributed under intestacy rules, which may not be what you want
• Your children could receive their entire inheritance at 18 with no safeguards
• If you're unmarried, your partner may not inherit anything — even if you've lived together for years

Appointing Guardians in Your Will

Choosing guardians is one of the hardest decisions parents face. Here are some factors to consider:

• Shared values — do they share your approach to parenting, education, and family life?
• Existing relationship — do your children know and feel comfortable with them?
• Age and health — will they be physically able to care for young children for many years?
• Location — would your children need to move? Change schools? Leave their friends?
• Their own family — do they have children of their own? Would they have space and capacity?
• Willingness — have you actually asked them? Don't name someone without their knowledge

Protecting Your Children's Inheritance

Children under 18 can't legally own property or manage significant sums of money. If you leave an inheritance to a child in your Will without a trust, the money is held by trustees until the child turns 18 — at which point they receive everything outright.

For most parents, 18 feels too young to hand over a large sum. A trust in your Will lets you set the age and conditions:

Common trust arrangements for children include:

• Staged distribution — one-third at 21, one-third at 25, the remainder at 30
• Education trust — trustees can release funds for school fees, university costs, and vocational training
• Housing deposit — trustees can release a specific amount towards a first home purchase
• Maintenance trust — trustees provide regular income for the child's living costs until a specified age

What Else Should Parents Include in Their Will?

Wills for Families in Bridlington and East Yorkshire

Many young families in Bridlington put off making a Will because it feels morbid or complicated. But it doesn't have to be. A straightforward Will for parents typically takes just one meeting to discuss your wishes, and Aaron handles everything from there.

Whether you're a new parent, a single parent, a blended family, or grandparents wanting to protect your grandchildren's inheritance, Safe Harbour Legal can help. We offer fixed-fee Wills and mirror Wills for couples, with home visits available across East Yorkshire.