Templates are provided by Net Lawman. We may receive a commission at no extra cost to you.
Becoming a parent changes how you think about almost everything, and a will is no exception. Once there are young children in the picture, the question is no longer just who inherits what, but who looks after them, who manages money on their behalf, and at what age they should actually get their hands on anything substantial.
A family will is the document that answers all of those questions in one place. It names guardians, appoints people you trust to handle money for the children, and sets out how your estate should be divided if the worst happens.
This guide walks through the main choices parents face when drafting a will, so you can think clearly about what suits your family before you sit down to write it.
What this document is
A family will for parents of young children is a standard will with extra thought given to guardianship and to how inheritances are held for under-18s. In England and Wales, a child cannot legally inherit property outright until they reach 18, so any gift left to a young child will be held on trust by someone else until they are old enough to receive it.
That person is usually a trustee you appoint in the will itself. Parents also typically use the will to name a testamentary guardian, which is the person (or people) who would take on day-to-day care of the children if both parents died before the children turned 18.
Beyond those two core decisions, the will sets out who gets what, in what shares, and on what conditions. It should also deal with practical matters such as funeral wishes, digital accounts, and personal items with sentimental value. Getting these decisions down in writing, signed and witnessed correctly, is what turns your intentions into something legally effective.
How to use this document
List what you own and what you owe. Before deciding who gets what, get a realistic picture of your estate. Include property, savings, investments, pensions, life insurance written into trust, personal possessions, and any debts. This tells you what is actually available to pass on and often changes how parents structure gifts.
Choose guardians for your children. Pick people you trust to raise your children in line with your values, and talk to them before naming them. Consider their age, location, family situation and finances. You can name a couple jointly or a single guardian, and you can appoint a backup in case your first choice cannot act.
Decide how the children should inherit. Think about whether you want outright gifts, gifts held until a set age such as 21 or 25, or a discretionary trust that gives trustees flexibility to respond to each child's needs. Each approach has tax and practical trade-offs worth weighing up carefully.
Appoint executors and trustees. Executors deal with probate and administering the estate, while trustees look after anything held for the children until they inherit. These can be the same people or different ones. Choose individuals who are organised, trustworthy and willing to take on what can be a multi-year role.
Sign and witness the will correctly. For the will to be valid in England and Wales, you must sign it in the presence of two independent adult witnesses who then sign in your presence. Witnesses and their spouses must not be beneficiaries, or they lose their inheritance. Store the signed original somewhere safe and tell your executors where it is.
Template · England & Wales
Family will: gift over to trust for young children
This family will has been designed for parents of young children. It could also be used by a grandparent leaving their estate to an adult son or daughter with a young family.
Templates are provided by Net Lawman. We may receive a commission at no extra cost to you.
Common questions
Q At what age will my children actually receive their inheritance?
By default, a child inherits at 18 in England and Wales, which many parents feel is too young for a significant sum. You can delay this by building an age-contingent gift into the will, commonly set at 21 or 25. Until that age, the money is held by your trustees, who can usually release funds earlier for things like education, housing or health if the will allows.
Q What happens if I do not name a guardian in my will?
If both parents with parental responsibility die without naming a guardian, the family courts decide who cares for the children. That might be a relative stepping forward, but it can also lead to disputes or decisions you would not have made yourself. Naming a guardian in your will gives your choice legal weight and makes the process far less stressful for everyone involved.
Q Should I use a discretionary trust or a simple age-contingent gift?
A simple age-contingent gift is straightforward: the child receives their share at the age you set. A discretionary trust is more flexible, letting trustees decide how and when to distribute funds among a group of beneficiaries. Discretionary trusts can be useful for larger estates, blended families, or where a child may have particular vulnerabilities, but they carry their own tax treatment and admin.
Q Can my partner and I make one will together?
You cannot share a single will, but couples commonly make mirror wills, which are two separate but near-identical documents leaving everything to each other first, then to the children. Mirror wills are simple and work well for most families, but either person can change their will later, so they are not binding on the survivor unless a formal mutual wills agreement is put in place.
Q Does getting married or having another child affect my will?
Yes. In England and Wales, getting married normally revokes any previous will unless it was written in contemplation of that marriage. Having another child does not automatically invalidate a will, but it is a sensible trigger to update it so the new child is included. Review your will after any major life event, including divorce, house moves and significant changes in assets.
Q Do I need a solicitor to write a family will?
You are not legally required to use a solicitor, and many parents use online or template-based wills successfully. That said, if your situation involves trusts, business interests, blended families, overseas assets or potential inheritance tax planning, professional input is usually worth the cost. The risk with a badly drafted will is that problems only surface after you are gone, when they cannot be fixed.
Q Where should I keep my will once it is signed?
Keep the signed original somewhere safe and accessible to your executors: a fireproof home safe, with your solicitor, or in the government's will storage service. Avoid stapling or attaching anything to it after signing, as this can raise questions during probate. Tell your executors where to find it, because a will no one can locate is effectively no will at all.
Get the paperwork right
Get the Young Family Will: To Spouse Or Partner, Gift Over To Trust template
Drafted for England & Wales
Family will: gift over to trust for young children
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.
