Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026
For parents of young children, making a will involves more than simply deciding who should inherit your estate. It also requires thinking carefully about how and when children should receive their inheritance, who should look after them if both parents die, and how their financial interests should be protected in the meantime. These questions deserve careful consideration and the answers have real practical consequences.
Children Cannot Inherit Directly Below the Age of 18
A child under the age of 18 cannot hold a legal interest in property or receive a direct bequest under a will. If you leave money or assets directly to a child who is under 18 at the time of your death, the gift will be held on statutory trust until the child reaches 18. This is an automatic legal mechanism, but it is not necessarily the most appropriate arrangement for your circumstances. Many parents feel that 18 is too young an age for a child to receive a potentially significant sum of money outright.
Using Age Conditions in a Will
A will can specify that a child’s inheritance is to be held on trust until they reach a specified age, such as 21, 25, or any other age you consider appropriate. The trustees you appoint will manage the funds in the meantime and can make payments to or for the benefit of the child during the trust period, for example to meet educational expenses, living costs, or other reasonable needs. The child receives the remaining capital outright when they reach the specified age.
Choosing the right age condition is a matter of judgment about your own children and what you know of their characters and circumstances. There is no universally correct answer. What matters is that you have thought about it and made an active choice rather than accepting the default position.
Appointing Trustees
Where a trust is created for children in your will, you will need to appoint trustees to manage it. The trustees have legal responsibility for the trust assets and a duty to act in the best interests of the beneficiaries. You can appoint the same people as executors and trustees, which is common in straightforward family situations, or you can appoint different people if the nature of the role calls for different qualities.
Consider who has the financial acumen, the organisational ability, and the personal qualities to manage a trust responsibly for potentially many years. Consider also whether your proposed trustees are likely to be available and willing to act throughout the likely duration of the trust.
Appointing Guardians
The appointment of guardians in a will is one of the most important decisions a parent can make, and one of the most commonly overlooked. A guardian is the person who will have parental responsibility for your minor children if both parents die. Without a guardian appointed in a will, it falls to the court to make arrangements for the children’s care, which is a distressing and uncertain process that is entirely avoidable.
When choosing a guardian, practical considerations are as important as emotional ones. Who lives close enough to maintain the children’s existing friendships, school arrangements, and community connections? Who has the lifestyle, the space, and the resources to take on additional children? Do they have children of their own, and if so, how will the families integrate? Is there more than one couple you are considering, and if so, would it be better to appoint joint guardians or a single family?
It is always worth discussing the appointment with the proposed guardian before naming them in your will. Taking on the care of another person’s children is a significant responsibility and the person you have in mind should have the opportunity to consider it properly.
If you are a parent in Kent and would like advice on structuring your will to protect your children’s interests, our lifetime planning team at Cramp and Mullaney can help you think through the options.
If you are based in Kent and need advice on wills, probate or estate planning, Cramp & Mullaney LLP can help. We advise clients across Tunbridge Wells, Tonbridge, Sevenoaks, Ashford, Folkestone, Maidstone and the wider Kent area from our offices in Eastbourne (01323 720581) and Battle (01424 533222), East Sussex. We offer a fixed fee 30-minute initial consultation. Visit cmlaw.co.uk or email info@cmlaw.co.uk.
This article is for general information only and does not constitute legal advice. The law in this area can be complex and the right approach will depend on your individual circumstances. If you need specific advice, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).
