Why Every Parent Should Have a Will: Protecting Your Children’s Future

Key reasons every parent needs a will

• Appoint legal guardians for minor children
• Protect your children’s financial future with trusts and trustees
• Provide clear parental guidance via a Letter of Wishes
• Avoid intestacy rules that may not match your wishes
• Provide peace of mind for you and your family

1. Appointing legal guardians

Perhaps the most compelling reason for parents to make a will is the ability to name legal guardians for their minor children. If a child becomes orphaned (meaning no parent with legal parental responsibility remains alive), the courts will decide who will care for the child, unless a valid will names a guardian.

The court’s legal duty is to act in the child’s best interests, but judges will not always know your family dynamics, values, or preferences. By naming guardians in your will you:

• Choose who will raise your child if you are no longer there
• Ensure the guardian shares your parenting philosophy, religious beliefs or educational values
• Have the chance to discuss the role with the chosen guardian(s) beforehand to confirm they are willing and prepared

Alongside your will, you can prepare a Letter of Wishes to give the guardian practical guidance on how you’d like your child to be raised.

This can cover topics such as education preferences, routines, religious or cultural considerations, and health or medical guidance.

While not legally binding, a Letter of Wishes is highly valuable for communicating your intentions and making the transition easier for everyone involved.

2. Protecting your children’s financial future

A will allows you to specify exactly how your assets should be distributed. Without one, your estate will be distributed according to intestacy laws, which may not match your wishes and can cause delays or unintended outcomes.

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With a properly drafted will you can:

• Leave specific assets or gifts to children or other loved ones
• Set up a trust to protect a child’s inheritance until they reach a responsible age
• Appoint trustees to manage funds for things like education, healthcare and day-to-day welfare

Trust structures allow you to control when and how money is released, for example, by setting ages or conditions for distribution, or by instructing trustees to use the funds for schooling costs and medical needs.

This can prevent financial hardship and provide stability during a challenging period for a child who has lost a parent.

3. Letter of Wishes: practical parenting guidance

Young children don’t come with a parenting manual. A Letter of Wishes acts as the next best thing: a private document stored with your will that explains your hopes and practical directions for your child’s upbringing.

Typical points to include in a Letter of Wishes:

• Preferred guardian(s) and why you chose them
• Daily routines or important habits you want maintained
• Education preferences and aspirations
• Medical or dietary needs and how you want them managed
• Religious or cultural upbringing preferences
• Any family dynamics or relationships the guardian should be aware of

4. Avoiding intestacy and unintended outcomes

If you die without a will (intestate), intestacy rules determine who inherits, and these rules may lead to outcomes you never intended. For parents, this could mean delays in funds reaching guardians, disputes among relatives, or assets not being protected as you would have chosen.

Having a clear will reduces the risk of disputes, simplifies the estate administration process, and helps ensure your children receive the care and financial support you intended.

5. Peace of mind

Between work, school runs, and everyday life, long-term planning can feel like another task on an endless list. But writing a will is one of the most meaningful and practical things you can do for your children.

When you have a will in place, you gain:

• Confidence that your wishes will be followed
• Reassurance that your children will be looked after by the people you trust
• Protection against legal delays and family disputes
• Comfort for yourself and your loved ones during a difficult time

Final thought

No parent wants to imagine a situation where their child is left without them.

But having a will in place is the practical step that ensures you have done everything possible to safeguard their future.

If you’d like help drafting a will, setting up a trust, or creating a Letter of Wishes, we would be happy to guide you through the process and make sure your intentions are properly recorded.