We just had a baby — do we need a Will?
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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.
Name a guardian for your baby this evening
- Mirror Wills for both parents, about 15 minutes online once the baby is asleep.
- You name a guardian and a backup and can set money aside for your child until a chosen age.
- Your first drafts are emailed to you straight after payment. Your final Wills are issued once they have passed ClearLegacy’s checks, usually within 24 hours.
£99 for Mirror Wills (a couple) · fixed fee · England & Wales · one free update included
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.
Parental responsibility: who can name a guardian?
Only a parent with parental responsibility can appoint a guardian in their Will. That is worth checking if you are not married.
- Mothers always have parental responsibility.
- Married fathers and civil partners have it automatically if married to, or in a civil partnership with, the mother at the time of the birth.
- Unmarried fathers have it if they are named on the birth certificate (for births registered in England and Wales from 1 December 2003), or through a parental responsibility agreement or court order.
A guardian you appoint normally takes over only when there is no surviving parent with parental responsibility. If one of you dies, the other parent usually carries on alone. That is why both parents should name the same guardian in their own Wills.
Your choice of guardian and your choice of who manages the money do not have to be the same person. Some parents name a guardian to raise the child and separate trustees to look after the inheritance. Read more in how to appoint a guardian for your child.
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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