When you have children, everything changes.

Whether your new addition to your family is your first or your fifth, you will want to ensure that they are always looked after by you and your partner.

But what should happen if you pass away? What will happen to them then?

While it is something no parent wants to consider, the day will come when you will not be there anymore for your child and, should you fail to leave a will, an array of problems can follow.

At Andrew and Andrew, our probate solicitors Portsmouth are experienced at helping parents write wills that include all of their children’s best interests. When your children turn 18, our team can adapt your will to accommodate this change, allowing you to add or remove some of the provisions made in the previous will, so you can relax and enjoy your time together.

But when it comes to making a will to include young children, what should be included? Our probate solicitors Portsmouth provide the following tips.


If you have children aged under eighteen, then our probate solicitors Portsmouth will advise you to name a guardian, preferably two.

As the name suggests, these people will be responsible for looking after your children should both you and their other biological parent pass away. This is an enormous responsibility and so, you will need to discuss this thoroughly with the people you have picked.

If you pass away and your children’s other biological parent is alive, then naturally, full custody will be given to them, assuming there are no extenuating circumstances (e.g. they are in jail, or too ill to handle raising children).


As step-children have no legal access to your inheritance, if you wish to leave them anything, you need to state this clearly in your will, even if they are over the age of eighteen years.

As the rules of intestacy do not reflect many of today’s modern values and ignore step-children completely, you will need to state clearly what parts of your estate you wish them to inherit.

Children from previous relationships

If you are married to your current partner but have children from a previous relationship, it is once again vital to highlight which areas of your estate you want them to inherit.

Conversely, if you were married to your previous partner but not your current one whom you have children with, you will need to clarify that you want your child and current partner to inherit your assets.


In the UK, your child will not be able to legally access your inheritance until they turn eighteen years of age.

Therefore, it is necessary to name a trustee, to take care of their inheritance and to ensure that they receive it at the appropriate time. Many parents choose their child’s guardian to also be named as their trustee. However, a member of our team may also be named as your children’s legal trustee, in order to give them the financial security they need.