I have young children
In short
If you have children under 18, a will does two crucial things: it lets you appoint guardians to raise them if both parents die, and it lets you put their inheritance in trust rather than handing it over outright at 18. Without a will, the court decides guardianship and your children inherit a fixed share automatically at 18.
The situation
You have one or more children under the age of 18.
What happens legally
Two priorities dominate: who cares for your children, and how their inheritance is managed.
- A will lets you appoint guardians; without one, the courts decide who raises your children if both parents with parental responsibility die.
- Under intestacy, children inherit a set share that is held on trust and paid out outright at 18.
- A will trust lets you choose a later age (for example 21 or 25) and appoint trustees to manage the money in the meantime.
- You can also nominate how money is used for maintenance and education while children are young.
The risks
- No appointed guardians can mean uncertainty or family disputes over your children's care.
- Children receiving large sums outright at 18 may not be ready to manage them.
- Without trustees, managing a child's inheritance can be cumbersome and inflexible.
Recommended actions
- Make a will appointing guardians for your children.
- Set up a trust specifying the age at which children inherit.
- Choose trustees you trust to manage funds responsibly.
- Review life insurance and write it in trust where appropriate.
Sources
- Children Act 1989 (guardianship) — legislation.gov.uk
- Administration of Estates Act 1925 (intestacy) — legislation.gov.uk
- GOV.UK — Make a will
- Reviewed by
- Michael Smith, Estate Planning Specialist
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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