‘My Children’ in a Will – Who is included?

With the summer holidays drawing to a close and children heading back to school, it is perhaps a fitting time to consider who your children, or those in your family, are considered your ‘children’ for the purposes of a Will.

It is sensible for all parents to make a Will so that should the worst happen, you have had the opportunity to appoint guardians for any minor children and to make financial provision for children as a whole.

It is quite common for a specific gift or share of an estate to be left to ‘my children’ or ‘such of my children who survive me’ but does this accurately reflect modern society and who is, or more specifically who is not, considered your child for the purpose of a Will?

1. Adopted Children

If a child is adopted in the UK, or abroad but recognised in the UK, then the adopted child is treated the same as a biological child.

2. Illegitimate Children

The phrase ‘my children’ includes any illegitimate children and children where you do not even appear on a birth certificate, if it can be proven through DMA that you are a biological parent.

3. Stepchildren and Blended Families

Step-children are not included unless they are specifically named – for example ‘such of my children and step children’

4. Unmarried Couples

Similar to stepchildren, in relationships where couples are not married or in civil partnerships, unless child is a biological child or formally adopted, ‘my children’ does not include a partner’s children.

5. Surrogate Children

A surrogate mother is the legal mother of the child in the UK until such time as a parental order transfers parental rights to the new parents and so until such an order is granted, ‘my children’ does not cover any child born through surrogacy.

To protect your family and your wishes, it is vitally important to entrust writing your Will to a professional who can discuss your personal circumstances and advise you accordingly. Internet wills, estate planners and Will writers may have no formal training or qualifications and often, despite a attractive headline price, end up more expensive to create or in the long run. Speaking to a specialist solicitor means you are getting tailored advice and legal expertise at great value, normally £195 plus VAT. Our Private Client solicitors include members of the Society of Trusts and Estates Practitioners, the internationally recognised body of leading professionals in the areas of estate planning and Will preparation, and are available to provide advice on Wills, trust funds and Inheritance Tax if required to safeguard your family. For peace of mind, contact our local Clark Willis office today or use our contact form to start protecting your children.