Planning for your children’s future through a Will is a vital step, particularly if you want control over who cares for them and how their inheritance is managed. Without a Will, decisions about their guardianship and finances may be made by others, potentially leaving your children in circumstances you wouldn’t have chosen. This guide outlines how to protect your children’s future through a Will with Wills Services, offering peace of mind that your wishes Will be respected.
Starting your Will online with Wills Services
Creating a Will through Wills Services offers an affordable and convenient solution for securing your children’s future. Our online service is straightforward, with a fixed cost from £41.99 (including VAT), ensuring no hidden charges. Our team of experienced Will writers is available to provide support at every stage, ensuring your Will accurately reflects your wishes.
Making provisions for children under 18
When making a Will, parents of young children can appoint a guardian. Appointing a guardian allows you to name someone who Will take on parental responsibility if you pass away before your child turns 18. This appointment is crucial, as without it, the courts may decide who Will look after your children, potentially selecting someone you wouldn’t have chosen. In addition to appointing a guardian, you can name trustees who Will manage any inheritance on your children’s behalf until they reach an age when they can responsibly manage it themselves.
We've made it easy to legally appoint both guardians and trustees in a single document. This ensures clarity and simplicity, so your children’s caregivers can focus on providing them with stability and support. Our process helps you set up these arrangements in a clear and legally binding way, meaning your guardianship wishes Will be respected.
Choosing the right legal guardian
Selecting a guardian for your children can be one of the most challenging decisions you’ll make. The guardian’s role is a significant one, so considering a few essential factors can help guide you. For instance, it’s helpful to think about the guardian’s age and health, particularly if you are choosing an older relative, to ensure they can care for your child until they are an adult. Location can also be a factor; if the chosen guardian lives far from your children’s current school, friends, and community, this might mean significant changes for your child at an already difficult time.
In addition, considering the values and beliefs of the potential guardian, including religious, ethical, and educational preferences, can be essential if these aspects play an important role in your child’s upbringing. If you find this decision challenging, our team at Wills Services are available to provide advice and ensure that the terms of your Will are robust and considerate of your child’s wellbeing.
Provisions for children over 18
In England and Wales, if you pass away without a Will, your estate Will be divided in accordance with the rules of intestacy. For children over 18, these rules mean they Will receive their inheritance outright, regardless of their maturity or financial situation. However, it may be preferable to set more structured terms. A Will allows you to stipulate that your children receive their inheritance at an age you consider more suitable (such as 21 or 25) or to divide it into stages to help them manage their finances responsibly.
Creating a Will through using our service ensures that you have the option to protect your child’s inheritance by providing a gradual distribution. This can minimise the risks associated with receiving a large sum of money too early, particularly if your child is still building financial skills or might otherwise be vulnerable to external influences.
Including children from previous relationships
If you have children from a previous relationship, planning their inheritance through a Will can prevent unintentional exclusion or reduced shares. Without a Will, intestacy laws may leave your partner or spouse with the majority of your estate, potentially leaving your children with little. This situation, often known as the “sideways disinheritance trap,” occurs when assets pass to a new partner rather than down to children from a former relationship.
Through a Will, you can establish a specific share for your children, ensuring they receive the portion you intend while also providing for your current partner, if desired. Our Will writing service allows you to carefully balance the needs of all family members and protect your children’s interests.
You might like to read: Writing a Will after a second marriage to protect your children & estate
Protecting a disabled child’s future
Providing for a disabled child can bring additional considerations, as they may need long-term financial support without risking their access to means-tested benefits. If you leave a direct inheritance, it may impact their eligibility for certain benefits or increase their vulnerability. One effective way to secure their future is to establish a discretionary trust within your Will. This allows you to appoint trustees to manage the funds for the benefit of your child, without transferring ownership to them directly.
A discretionary trust helps ensure that funds are available as needed, while remaining protected from creditors, divorce settlements, or other legal claims. This structure enables your trustees to purchase essentials or cover expenses on behalf of your child without affecting their benefits or placing financial management burdens upon them.
Including stepchildren in your Will
Under UK intestacy laws, stepchildren are not automatically entitled to an inheritance unless they are specifically included in a Will. If you wish to provide for your stepchildren, you need to explicitly outline their inheritance. Making these intentions clear in your Will helps prevent disputes and provides clarity for all family members. Conversely, if you choose not to leave an inheritance to a stepchild, you may include a Letter of Wishes with your Will, explaining your decision. This transparency can help prevent misunderstandings and reduce the risk of legal challenges.
Wills Services offers flexibility for these types of arrangements, including options to provide for stepchildren through various trust structures that allow them access to certain assets while also protecting other beneficiaries’ interests.
Getting started with Wills Services
With Wills Services, creating a Will is easy, affordable, and completely online, allowing you to arrange your affairs from the comfort of your own home. Our experienced Will writers can guide you through specific provisions, whether for guardianship, trusts, or beneficiary choices and can answer any questions you may have. You can start your Will today or request a callback from our team to discuss your needs in detail.
Get started with Wills Services and provide your children with the security and care they deserve, no matter what the future holds.
