Just Had a Baby? Here's What Your Will Needs to Say
Your will protects you. The guardian named in it protects your kid. Here's exactly what changes when a baby enters the picture — and why this is the one estate planning update you can't skip.
By Willy Team · June 5, 2026 · 6 min read
Having a baby is the single biggest reason we finally make a will. And also the single biggest reason we mean to make one and then run out of time.
Here's the thing: the stakes just went up. Before a baby, not having a will mostly affected your partner and your stuff. Now it affects a child who has zero say in any of it.
Let's talk about what actually needs to change.
The most important thing: naming a guardian
If both parents die before a child is 18, a court decides who raises them. Without a will naming a guardian, the court makes that decision without knowing what you would have wanted — relying on family members and whatever information can be gathered at the worst possible moment.
A guardian designation in your will changes that. It's your direct instruction to the court: this is who I want to raise my child.
The court isn't required to follow it, but they give it enormous weight. In almost every case, a named guardian is appointed.
Who should you name? Someone whose values align with yours. Someone who's stable, willing, and able to parent a child long-term. Someone who actually knows your kid. Talk to them before you name them — being named guardian without warning isn't a gift, it's a surprise responsibility. Make sure they say yes.
Name a backup guardian too
Life happens. Your first-choice guardian might predecease you, become incapacitated, or simply not be in a position to take on a child when the time comes.
Name an alternate. This isn't pessimism, it's planning. If your first choice isn't available, your backup prevents another court lottery.
Create or update your will immediately
If you don't have a will at all, make one now. Not next month. Not when things calm down. There is no calm with a newborn, and the urgency here is real: if something happens to both of you in the first weeks of your baby's life, there are no instructions.
If you have an existing will, update it. Add your child as a beneficiary, name the guardian, and review everything else to make sure it still reflects your situation.
Think carefully about how assets pass to minor children
Here's something worth knowing: minor children cannot directly inherit significant assets. If you leave money to a child under 18, it typically goes into a court-supervised account until they turn 18 — and then they receive it all at once.
There are a few better approaches. You can name a custodian to manage the assets under the Uniform Transfers to Minors Act (UTMA). You can create a testamentary trust inside your will that holds assets until your child reaches an age you specify — 25, 30, or whenever you think they'd handle a lump sum responsibly.
Talk to a financial advisor if your estate is substantial. For most young families, the UTMA custodian route is simpler and works fine.
Update your beneficiary designations
Like with marriage, your retirement accounts and life insurance have separate beneficiary designations that your will doesn't control. If your child isn't named on those accounts, they might not receive those assets.
Important: don't name a minor child directly as a beneficiary on a life insurance policy or retirement account. Same problem — they can't legally receive large sums at a young age. Instead, name a trust or a custodian as the beneficiary. Get advice if you're not sure how to set this up.
Review your life insurance situation
This isn't technically part of estate planning, but it belongs in this conversation: do you have enough life insurance?
The general rule of thumb is 10-12x your annual income. For a young parent, that might seem high — but it's meant to replace your income for the years your child depends on it. If both parents work, both parents need coverage.
Term life insurance for a healthy person in their 20s or 30s is surprisingly affordable. If you haven't done this yet, it's worth doing alongside the will.
Don't forget a healthcare directive
Your will covers what happens after you die. A healthcare directive (also called a living will or advance directive) covers what happens if you're incapacitated — unconscious, unable to make decisions.
As a parent, this matters more than before. If something happens to you and you can't speak for yourself, your healthcare directive gives your doctors and your partner clear guidance about what you'd want. It also designates who can make decisions on your behalf.
Most online will platforms let you create a basic healthcare directive alongside your will. It takes a few extra minutes and is absolutely worth it.
The conversation to have with your partner
Estate planning with a new baby is actually a good opportunity to get aligned on things you might not have talked about explicitly: who you each trust most to raise your child, what you'd want for them in terms of education or upbringing, how you'd want your assets managed.
These are not easy conversations. But they're much better had now, quietly, than left unresolved.
When to update it again
Make the will now, while your baby is new. Then plan to revisit it as your child gets older — when you have more kids, when your financial situation changes, when your guardian pick changes, when your child reaches 18.
Estate planning isn't a one-time thing. It's a document that grows with your family.