How to Make a Will as a Parent: Guardianship, Probate & Protecting Your Children

Two-thirds of UK parents don't have a will — usually because it feels morbid, expensive or premature. Here's the reframe that got me to write mine: a will isn't really about money. For parents, it's the only legal document that answers the question "who would raise my children?" — and if you don't answer it, a court answers it for you.

What happens if you die without a will?

Without a will, the intestacy rules decide who inherits — and no one you haven't married or had children with (including an unmarried partner) gets anything automatically. Crucially, no guardian for your children is named, so the family court decides who raises them, without your voice in the room.

The intestacy rules in England and Wales work mechanically: a spouse or civil partner takes the first £322,000 plus half the rest, children split the remainder at 18. Unmarried partners — however long you've been together — receive nothing under intestacy. Step-children you haven't adopted: nothing. And the guardianship gap is the part that should move every parent: with no will, relatives may need to apply to court, social services can be involved in the interim, and the person you'd never have chosen can apply.

What should a will include?

A parent's will should include: named guardians for children under 18, executors to administer the estate, who inherits what (including what age children inherit), any trusts for children's inheritances, funeral wishes, and back-up beneficiaries. Guardianship in a will only takes effect when no one with parental responsibility survives.

The parent-specific clauses that matter most:

• Guardianship — name a first choice and a back-up, and ask them first. Consider practicalities (age, location, values, their own family) over obligation.
• A children's trust — children can't inherit outright under 18; your will says who manages the money and at what age they receive it (18 is the default; many parents choose 21 or 25).
• Executors — one or two people (or a professional) who'll administer everything. Executors can also be beneficiaries.
• Specific gifts and the residue — individual items and sums first, then who receives everything that remains.

How much does a will cost in the UK?

A simple single will costs roughly £150–£300 through wills and probate solicitors, £20–£100 through a will writing service, and from around £35 to make a legally binding will online. Mirror wills for couples typically cost 1.5× the single price. Complex estates — trusts, overseas assets, business interests — justify a solicitor for wills every time.

The honest decision guide:

Beware "cheap wills" offers under £20 that upsell storage or appoint themselves executor with percentage fees — the cheap will that makes the writer your executor can cost your estate thousands.

Who can witness a will?

Two independent adults must watch you sign and then sign themselves, in your presence. A witness (or their spouse/civil partner) cannot be a beneficiary — if they are, the will stays valid but their gift fails. Neighbours and colleagues are ideal witnesses; family who inherit are not.

This execution step is where DIY wills die. The testator signs first, both witnesses present together, then each witness signs while the testator watches. Get the choreography wrong and the whole document can fail.

What are mirror wills?

Mirror wills are a matching pair for couples — typically leaving everything to each other, then to the children, with identical guardianship and executor choices. They're cheaper than two bespoke wills but each remains independently changeable, which matters after separation or remarriage.

One caution: mirror wills are not "mutual wills" — either of you can change yours later without telling the other. For most married and cohabiting parents they're exactly right; blended families where each partner has children from previous relationships usually need more tailored drafting from trust solicitors.

What is probate and how long does it take?

Probate is the legal process of proving a will and giving executors authority to collect assets, pay debts and distribute the estate. The grant of probate itself typically takes around 16 weeks from application; full estate administration commonly runs 6–12 months. Simple estates rarely need a probate solicitor — complex or disputed ones do.

Executors apply to the Probate Registry (online via gov.uk for most estates; the application fee is £300 for estates over £5,000). "Do I need a probate solicitor?" has an honest answer: not for a straightforward estate with a clear will, a house and ordinary accounts — the gov.uk process is designed for laypeople. Searching "probate solicitor near me" earns its fee when there's a dispute, a business, agricultural or overseas property, or an insolvent estate.

What about inheritance tax and trusts?

Most parents' estates owe no inheritance tax: everything passing to a spouse is exempt, and the nil-rate band (£325,000) plus the residence nil-rate band (£175,000 when a home passes to children) shelter up to £1 million for a married couple. Above that, inheritance tax planning — gifts, trusts, pension nominations — is genuinely worth professional advice.

On "living trust UK" searches: the US-style living trust is largely marketing here — UK equivalents (lifetime trusts) have their place for care-fee and disability planning but carry costs and tax complexity, and mis-sold "asset protection trusts" are a known scam pattern flagged by Citizens Advice. If a seminar or cold-caller is pushing one, walk away and speak to regulated trust solicitors.

Should you also make a lasting power of attorney?

A will only works when you die. A lasting power of attorney (LPA) covers you while alive but unable to decide — one LPA for property and financial affairs, a separate health and welfare LPA for care and medical decisions. Each is made via gov.uk and must be registered with the Office of the Public Guardian (£82 per LPA) before use.

How to make an LPA: choose attorneys you trust completely, complete the forms on gov.uk (or through the same providers that draft wills), have your capacity certified, and register — registration takes several weeks, so do it now, not when needed. For parents, the financial LPA is what lets your partner keep paying a joint-named mortgage if you're incapacitated; without it, they may face the Court of Protection.

What is the one-afternoon action plan for a will?

1. Agree guardians (first choice + back-up) with your partner — and ask them.
2. List assets, debts and who-gets-what; decide inheritance ages for the children.
3. Pick your route from the table above and get the will drafted this week, not "sometime".
4. Execute it properly — two independent witnesses, correct order.
5. Tell your executors where it's stored, and diarise a review every five years or at every big life event (birth, house, marriage — note that marriage revokes a will in England and Wales).