A lot of parents assume they have time to sort out a will later. Later often means after the next holiday, after the house move, after the children are a bit older, or after life feels less busy. The trouble is that when people ask, should parents have a will, the honest answer is usually yes – and sooner than they think.
For parents, a will is not just about money. It is about protection, clarity and making life easier for the people you love at a time when they are already dealing with enough. If you have children, a home, savings, or simply clear wishes about what should happen after your death, a will gives those wishes structure.
Should parents have a will if they do not have a large estate?
Yes. This is one of the biggest misunderstandings around estate planning. Many parents hear the word estate and imagine substantial wealth, investment portfolios, or complex tax arrangements. In reality, your estate is simply what you own and what you leave behind. That may include your home, bank accounts, personal belongings, life insurance, pensions in some cases, and sentimental items that matter greatly to your family.
Even if your finances are straightforward, the practical questions still need answering. Who should inherit? Who should look after your children if they are under 18? Who should deal with the paperwork and administration? Without a will, those decisions may be shaped by intestacy rules rather than by your own wishes.
That can come as a shock to families who assumed that everything would automatically pass to the right people in the right way.
Why a will matters even more when you have children
Once you become a parent, the role of a will changes. It is no longer just a personal document. It becomes part of your wider plan for your family.
The most obvious reason is guardianship. If both parents die while children are still under 18, a will is the place where you can express who you want to care for them. That decision is deeply personal. You may want a close family member, a trusted friend, or someone who shares your values and parenting approach. If you do not set that out formally, the matter may be left uncertain at the worst possible time.
A will can also help with how money is managed for children. Leaving assets outright to a young child is rarely as simple as people imagine. Parents often want funds to be controlled responsibly until a child reaches a suitable age. Depending on the family situation, trusts may also be worth discussing, especially where there are younger children, previous relationships, vulnerable beneficiaries, or concerns about how money might be handled.
This is where proper advice becomes valuable. A will is not just a form to fill in. It should reflect your family, your priorities and any risks you want to plan around.
What happens if parents die without a will?
If a parent dies without a valid will, they are said to have died intestate. In England and Wales, that means fixed legal rules decide who inherits. Those rules do not take account of personal relationships, verbal promises, or what the family believes the parent would have wanted.
For some families, the intestacy rules may produce a result that feels acceptable. For others, they can create confusion, delay and real distress. Unmarried partners are a common example. Many couples live together for years and raise children together, but if they are not married or in a civil partnership, the surviving partner does not have the same automatic legal position under intestacy rules.
Blended families can face similar complications. A parent may want to provide for a current spouse while also protecting children from a previous relationship. A simple assumption that things will sort themselves out can lead to outcomes that do not reflect the family dynamic at all.
Even in relatively harmonious families, uncertainty causes strain. When wishes are not written down, people are left guessing. Guessing has a way of turning grief into disagreement.
Should both parents have a will?
In most cases, yes. A couple may have similar wishes, but each person still needs proper documentation. Many parents choose mirror wills, where each will reflects a shared plan while remaining a separate legal document.
That can work well for married couples and civil partners who want to leave everything to one another first and then to their children. But even then, it is worth thinking carefully about the detail. Who would act as executor? Who would be guardian? At what age should children receive money? Are there any particular gifts or personal wishes that should be recorded?
The right arrangement depends on the family. A first marriage with adult children may call for one approach. A second marriage, children from different relationships, or a family business may call for another. Good planning is rarely about using the same answer for everyone.
Common reasons parents put it off
Most parents do not avoid making a will because they do not care. They put it off because life is full, the topic feels uncomfortable, or they worry it will be expensive or complicated.
Some think they are too young. Others assume they do not own enough to justify it. Many believe their spouse or partner will simply take care of everything. These are understandable assumptions, but they can leave families exposed.
A well-prepared will is usually far simpler and more affordable than people expect. More importantly, it can prevent far greater cost and stress later. Sorting things out after a death is hard enough without missing documents, unclear wishes or avoidable legal issues.
Parents are used to planning ahead in other parts of life. They insure the car, arrange school places, and think about what would happen if someone became ill. Making a will belongs in the same category. It is part of looking after the people who depend on you.
Should parents have a will if they are unmarried?
Absolutely. In fact, the need may be even greater.
There is still a widespread belief in the idea of a common law spouse, but that does not give unmarried couples the same inheritance rights as marriage or civil partnership. If one parent dies without a will, the surviving partner may not inherit as expected, even if they have lived together for many years and have children together.
That gap between expectation and legal reality catches families out far too often. A will gives unmarried parents a way to make their intentions clear and to provide proper protection where the law would not otherwise do so automatically.
A will is only part of the picture
For many parents, writing a will is the right first step, but it should not be viewed in isolation. Estate planning can also include powers of attorney, particularly if you want someone you trust to make decisions for you during your lifetime if you lose capacity.
There may also be reasons to consider trusts, especially where children are young, a beneficiary is vulnerable, or there are concerns about remarriage, care fees, or preserving family assets. Not every family needs a complex arrangement. Some do. The key is making informed decisions rather than assumptions.
That is why a personalised, straightforward conversation often helps more than hours spent trying to piece things together alone.
What parents should think about before making a will
Before putting a will in place, it helps to think about a few practical questions. Who would you trust to act as executor and deal with the administration of your estate? If your children are under 18, who would you want to appoint as guardian? How should money be managed for them, and at what age should they benefit directly?
It is also worth considering your wider family picture. Are there children from previous relationships? Is there anyone you specifically want to include or provide for? Do you own your home jointly, and if so, how is it held? These details can affect how a will should be drafted.
The aim is not to make things more complicated than they need to be. It is to make sure the document fits your life properly.
Peace of mind is not a small thing
Parents spend years trying to reduce uncertainty for their children. A will is one of the clearest ways to do that. It gives structure at a time when families are vulnerable. It reduces the chance of disputes. It helps the right people step in, manage matters properly and carry out your wishes.
For some families, the process is straightforward. For others, there are layers that need careful handling. Either way, the question should parents have a will usually leads to the same place. If people rely on you, if your wishes matter, and if you would rather make decisions yourself than leave them to legal default rules, then putting a will in place makes sense.
At Your Will Writers, that conversation is made simple, personal and clear. And for many parents, that first step brings a kind of relief they did not realise they needed until it was done.
A will cannot make a difficult time easy, but it can leave your family with something every parent wants to give them – certainty when it matters most.