We just had a baby — do we need a will?
Yes — and the most important reason isn't money, it's guardianship. A will is the only way to legally name who would raise your child if both parents died. Without one, a court decides who looks after your children, which may not be who you'd choose. A will also lets you set money aside for them in a trust until they're old enough.
What this means for you
The risk
New parents put it off — but a baby is exactly when a will matters most. If both parents (with parental responsibility) died without naming a guardian, the decision about who raises your child goes to the family courts.
What happens without a will
- No appointed guardian — a court decides who raises your children.
- Money for your child isn't ring-fenced or managed the way you'd want.
- The intestacy rules, not you, decide how your estate is shared.
What happens with a will
- You name a guardian (and a backup) to raise your children.
- You can set up a trust so money is managed for them until a chosen age.
- You choose executors and exactly who inherits.
How ClearLegacy helps
ClearLegacy's guided online will prompts new parents on the decisions that matter — naming guardians, substitutes, and a trust for your children — so the protection is actually in place, not just intended.
Priya and Tom have their first baby and assume their families would 'sort it out' if anything happened. In fact, with no will and no named guardian, a court would decide. They make mirror wills naming Priya's sister as guardian and a trust for the baby — sorted in one evening.
Frequently asked questions
Do new parents need a will?
Yes. A will is the only way to legally name a guardian to raise your child if both parents die. Without one, a court decides. A will also lets you set money aside in a trust for your children.
How do I appoint a guardian for my baby?
You appoint a guardian in your will. They take parental responsibility if both parents with parental responsibility die while the child is under 18. Choose someone willing and able, and name a backup.
- Complete the questionnaireA few guided questions about you, your family and your wishes.
- Review and confirmYou review and confirm your answers before anything is finalised.
- Receive your documentsYour will and supporting paperwork are produced, ready to print.
- Sign correctlyClear instructions on signing and witnessing so the will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- Wills Act 1837, section 9 (valid execution) — legislation.gov.uk
- GOV.UK — Making a will
- Citizens Advice — Wills
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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