Why pregnancy is a good time to review your Will
A new child changes who depends on you and may change who you want to inherit. It can also make guardianship, life insurance, property ownership and trust planning much more important.
Appointing guardians
A Will can appoint guardians for children under 18. The legal effect of the appointment depends on parental responsibility and who survives. Couples should consider who they would genuinely trust to raise their child and whether the proposed guardian is willing and practically able to take on that role.
Providing for children who are not yet born
A Will can be drafted to benefit “my children” or another class rather than naming only existing children. That helps avoid a Will becoming outdated immediately after another child is born. The wording should still be checked carefully where stepchildren, adopted children or intended beneficiaries outside the legal definition of children are involved.
At what age should children inherit?
Many parents do not want a child to inherit a substantial estate outright at 18. A Will can set a later age, such as 21 or 25, or create more tailored trust provisions. Trustees can also be given appropriate powers to use funds for maintenance, education and benefit before the final age of entitlement.
Unmarried parents
Unmarried partners do not automatically inherit under intestacy in the same way as spouses or civil partners. If you want your partner protected, the Will and the ownership of major assets such as the home should be reviewed together.
See our Will-planning guide for families and couples.
Your home
Check whether the property is owned as joint tenants or tenants in common. That can determine whether a share passes automatically to the survivor or through the estate. See our Tenants in Common guide.
Life insurance and pensions
Life policies and pension death benefits may pass outside the Will depending on the arrangement and nominations. Review beneficiary nominations and consider whether the level of cover is still appropriate after a child is born.
Executors and trustees
Parents often appoint people they trust to administer the estate and manage money for young children. Those roles can be performed by the same people, but they involve significant responsibility and should be chosen carefully.
Review again after the birth
Even where the Will is drafted to include future children, review the plan after the birth and after other major life events such as marriage, a house purchase, separation or another child.
Frequently asked questions
Can I make a Will while pregnant?
Yes. Pregnancy does not prevent you from making a valid Will, provided the usual requirements for capacity and execution are met.
Can my Will cover a child who has not yet been born?
A Will can be drafted to benefit children as a class rather than relying only on named children. The wording should be appropriate to your family circumstances.
Can I appoint a guardian before my baby is born?
You can make a Will during pregnancy that includes guardianship provisions, although the legal effect of a guardian appointment depends on parental responsibility and the circumstances when the appointment takes effect.
Do unmarried parents especially need Wills?
A Will is particularly important for unmarried couples because a cohabiting partner does not automatically inherit under the intestacy rules simply because they lived together.