The arrival of a new baby into your family is a significant milestone that gives rise to with new responsibilities and considerations.
You are responsible for caring for and raising your child as they grow and develop each day.
Whilst it can be difficult to think about, you should also ensure that you have made appropriate arrangements for your child in the event that you die before they reach 18.
Preparing a Will that makes provision for your child is one of the most important and responsible steps you can take.
A Will allows you to set out your wishes, appoint guardians for your child, and ensure that any inheritance you wish to leave to them will be managed until they are able to receive it themselves.
Our Wills, Trusts and Probate lawyers explore why making or updating your Will after having a baby is so important, including how to appoint guardians, protect your child’s inheritance and ensure their future is safeguarded.
Who will raise and care for your child when you die?
Including a guardianship clause in a Will is one of the most important things that people with minor children can do.
A guardianship clause can be included within a Will to nominate the person who you would want to care for your child if you die before they reach adulthood and there is no surviving parent with parental responsibility.
You should ensure that only people you trust implicitly are appointed as your child’s guardians.
It is also wise to discuss your decision with the potential guardians to ensure that they are willing, and in a position, to take on this responsibility.
If a guardianship clause is not included within a Will, the family court will decide who will look after your child instead.
This can be a long and costly process and can cause disputes between family members who may disagree on who should be appointed as a guardian during what is already a difficult and unsettled time.
It is therefore important to appoint individuals that you trust would provide the best care and make the best decisions for your child as they may need to decide where your child will live and the type of school they will attend.
A letter of wishes may be prepared alongside the Will to indicate to the guardian about how you would like your child to be raised.
This may include your wishes about the type of education they will receive, whether they should have a religious upbringing, the type of diet you would like them to follow and the values you would like to be instilled in your child.
Can your minor child inherit from your estate?
You can include a trust within your Will that makes provision for your child and allows their inheritance to be managed until they reach adulthood.
Trustees are appointed to manage the trust within your Will for your child.
The Trustees would be responsible for their inheritance when they reach 18, which is the age of majority.
However, it is possible to stipulate within your Will that you would like to increase the age they inherit from 18 to 21 or 25 if you feel more comfortable with this.
The trustees will be responsible for investing your child’s inheritance.
This will often involve consulting with professionals, such as independent financial advisors, to ensure that the money is being managed in a smart and sensible way and has the opportunity for growth.
Trustees will also be responsible for making payments towards the child’s maintenance and education.
The guardians can be the trustees of the trust, but other trustworthy individuals or professionals can take on the position of trustee instead to allow some separation between the roles and safeguarding the use of funds.
How will my estate pass if I do not make a Will?
If you have a spouse and children, your spouse will automatically be entitled to your personal chattels, a statutory legacy in the sum of £322,000 (this applies to deaths after 26 July 2023) and half of the residue.
The remaining half of your residue will be divided equally between your children.
This means that your children may not inherit at all depending on the size of your estate.
If you do not have a spouse but do have children, your estate is shared equally between your children who are living at the date of your death.
The best way to have control over what your children inherit from your estate is to make a Will.
Trusts can also be included within your Will to protect assets for your children in the event of your spouse remarrying following your death.
Will your Will need to be updated if you have more children?
No, your Will can be drafted in a way that it makes provision for all of your children living at the date of your death.
Your Will can therefore be prepared during your pregnancy in anticipation of having your child.
Additionally, if you make a Will after the birth of your first child but intend to have more children in the future, your Will can be drafted to prepare for this to ensure that your future children are able to inherit from your estate without the need to make a new Will to include them as beneficiaries.
We would of course strongly recommend that Wills are reviewed following a birth, death, marriage or divorce in the family, as well as if there is any other change in your personal and financial circumstances.
You may therefore decide to review and update your Will as your family grows in the future to ensure that it still accurately reflects your wishes.
Contact Our Wills, Trusts and Probate Team
At Myerson Solicitors we work with clients to put Wills in place which reflect their wishes and protect what matters most to them.
Making a Will may not seem like a priority when family life keeps you busy, but it is one of the most important steps you can take to safeguard your child’s future.
If you have recently welcomed a baby into your family, or haven’t updated your Will since having children, please contact our Wills, Trusts and Probate team today to discuss this further.
0161 941 4000
Latest Myerson Wills, Trusts, and Probate News
Do You Need to Make a Will When You Have a Baby?
The arrival of a new baby into your family is a significant milestone that gives rise to with new responsibilities and considerations. You are responsible for caring for and raising your child as they grow and develop each day. Whilst it can be difficult to think about, you should also ensure that you have made appropriate arrangements for your...
Read Blog
Myerson Solicitors Celebrates Double Win At British Wills and Probate Awards 2026
We are delighted to announce that we have secured two national accolades at the British Wills and Probate Awards 2026 , recognising the strength and expertise of our Private Client team. As a Top 200 UK law firm, we were proud to take home two prestigious awards at the national ceremony held on Thursday, 8th October: Probate Provider of the Year...
Read News
Solicitor Closed Down? What Happens to Your Will and How to Find It
Has the firm that drafted your Will closed down? Don’t panic! There are still ways to locate and obtain your Will. Our Wills Lawyers explain what may happen to your Will and other original documents in this situation.
Read Blog
4
Planning for the Future: Succession in Farming and Rural Businesses
Practical succession planning for farming families, covering business structures, Wills, trusts, land and protecting the future of the farm. Succession in farming is about much more than passing on land. It involves protecting the future of the family, the farming business and the assets that have often been built up over generations.
View Event
Cohabiting Couples and Inheritance: Could the Intestacy Rules Be About to Change?
The Ministry of Justice has opened a public consultation, ‘ A Fairer End to Relationships ’ , which aims to strengthen the legal rights of cohabitees within the England and Wales. Cohabiting couple families in England and Wales now account for 17.6% of all families , yet the current law still treats married and unmarried couples very differently...
Read Blog
Myerson Magazine Summer 2026 Issue
We're pleased to share the latest issue of Myerson Magazine, bringing together practical legal insights, updates on significant legislative changes and stories from across the firm. In this Summer edition, our experts explore the legal issues affecting individuals, families, business owners and property investors, from the Renters' Rights Act and...
Read Newsletter
Ellie Dalby
Associate
Ellie specialises in a variety of Private Client matters including the preparation of Wills and Lasting Power of Attorneys and the administration of estates.
Ellie has an approachable and professional manner. She aims to provide clear advice and guidance to clients during what can often be a difficult and sensitive time for them.
Before joining Myerson in June 2025, Ellie completed her legal training at Poole Alcock LLP. Ellie qualified as a solicitor in February 2024 and specialised in Wills and Probate.
Ellie completed her legal studies at the University of Sheffield. She graduated with an Upper Second Class Honours in her undergraduate Law degree and achieved a Commendation in the MA in Legal Practice (LPC).
About Ellie Dalby