We just had a baby — do we need a Will?

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England & Wales · Wills · New parents

Quick answer

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.

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£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

What happens with a Will

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.

Example scenario

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.

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.

What happens next?
  1. Complete the questionnaireA few guided questions about you, your family and your wishes.
  2. Review and confirmYou review and confirm your answers before anything is finalised.
  3. Receive your documentsYour Will and supporting paperwork are produced, ready to print.
  4. Sign correctlyClear instructions on signing and witnessing so the Will is legally valid.
  5. Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.

Sources

  1. Wills Act 1837, section 9 (valid execution) — legislation.gov.uk
  2. GOV.UK — Making a Will
  3. Citizens Advice — Wills
Reviewed by
ClearLegacy editorial team
Last reviewed
June 2026
Next review
December 2026
Jurisdiction
England & Wales

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E&OE — errors and omissions excepted. This page is general information about the law of England and Wales, drawn from the sources it cites; it is not legal, tax or financial advice and ClearLegacy is not a law firm. Rules, figures and fees change and we re-check them on the review dates recorded in our claims register. Check the primary source, or take advice, before relying on it for your own circumstances.

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