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Updating Your Will After a Second Child: What You Must Change

· 34 min

Note: The following scenario is fictional and used for illustration.

Emma and James updated their will when their daughter Lily was born in 2021. When their son Noah arrived 18 months later, they kept meaning to update their will but never got around to it. "We already have a will," Emma thought. "Surely it covers both children?"

It didn't. Their will specifically named Lily as the sole beneficiary of a £15,000 trust fund and appointed guardians who had agreed to care for one child, not two. When James was diagnosed with a serious illness two years later, they finally reviewed their will properly. The guardians they'd named said they wouldn't be able to take on two children. Their solicitor explained that Noah would inherit under general "residue" provisions, but Lily's specific trust fund gift was hers alone.

"We thought we were being responsible," Emma says. "We had no idea we were accidentally treating our children unequally."

According to research, 73% of UK parents plan to divide their estate equally between children, but unclear or outdated wills frequently create unintentional inequality. This guide will show exactly what to update in your will after a second child, why equal treatment matters, and how to avoid the mistakes Emma and James made.

Table of Contents

Why Your Existing Will Isn't Enough After a Second Child

Many parents assume their existing will automatically covers additional children. After all, if it says "my children," surely that includes all of them?

Unfortunately, it's not that simple. The way your will is worded matters enormously, and what seems like straightforward language can create serious problems when your family grows.

General provisions vs. specific naming: If your will uses general language like "my children" or "all my children," your second child will likely be included. However, if your will names your first child specifically—"to my daughter Jessica"—without mentioning future children, your second child may be excluded or receive only what's left over.

Take Sophie's case. Her will stated: "£10,000 to my daughter Jessica, and the residue of my estate to my children in equal shares." When her son Max was born, Sophie assumed both children would be treated equally. They weren't. Jessica received £10,000 plus half of the remaining estate, while Max received only half of what was left. Sophie's £180,000 estate was split with Jessica receiving £95,000 and Max receiving £85,000—not the equal treatment Sophie intended.

Guardian appointments don't scale automatically. When you appointed guardians for your first child, they agreed to care for one child. That's a very different commitment from caring for two children. The financial cost doubles. The space requirements change. The time and energy needed increases significantly.

Your original guardians may not be willing or able to take on two children, even if they were perfect for one. Without updating your will, you're making assumptions about their capacity that may not be true.

Trust provisions need revision. If you established a trust for bereaved minors when your first child was born, those provisions may not adequately cover two children. The trust may need adjusting for equal treatment, different age milestones, or changed circumstances.

Section 33 of the Wills Act 1837 provides some protection for gifts to children who predecease you—if a child dies before you but leaves their own children, the gift passes to your grandchildren. However, this provision doesn't solve the problem of unequal specific gifts or guardian appointments that don't reflect your current family.

The reality is straightforward: your will was written for a one-child family. Your family has changed. Your will must change too.

What Happens If You Don't Update Your Will

The consequences of failing to update your will after your second child can be serious—legally, financially, and emotionally.

Legal ambiguity and disputes: When a will is unclear about whether a second child is included, it opens the door to legal challenges. Your first child might argue that specific gifts were intended only for them. Your second child might claim they should receive equal treatment. These disputes are costly, time-consuming, and can destroy family relationships.

David and Rachel experienced this firsthand. David's will left "£50,000 to my son Thomas" and "the remainder to be divided among my children." When David died with two children, Thomas claimed he should receive £50,000 plus an equal share of the remainder. David's daughter claimed Thomas had already received his share. The legal battle cost the family £28,000 and took 16 months to resolve.

Unequal inheritance creating family resentment: Even if there's no legal dispute, unequal treatment creates lasting damage. Your second child may feel less valued, less loved, or like they were an afterthought in your planning. This resentment can last for decades and affect relationships between siblings long after you're gone.

Guardian appointments that don't reflect reality: Perhaps most seriously, your appointed guardians may not be prepared to care for two children. Imagine the scenario: both you and your partner die, and your brother discovers he's been named guardian for two children when he only agreed to one. He may not have the space, the financial resources, or the capacity.

In the worst case, he might decline the appointment, forcing the court to choose guardians you never intended. Your children would then be raised by people you didn't choose, possibly separated from each other in different households.

Increased legal costs: Sorting out an ambiguous will is expensive. According to legal professionals, inheritance disputes in the UK have surged in recent years, with solicitors reporting doubled workloads. Legal fees to clarify who gets what can easily exceed £20,000-£30,000, money that should have gone to your children.

Emotional toll on your family: Beyond the financial cost, the emotional toll is immense. Your surviving family members—often a grieving spouse or elderly parents—must navigate complex legal questions while dealing with loss. The stress of uncertainty about your wishes adds to their grief.

Compare two scenarios:

Factor Without Updated Will With Updated Will
Second child provision Ambiguous provisions Both children explicitly named
Guardian preparedness Guardians unprepared or unwilling Guardians confirmed for two children
Inheritance fairness Potential legal disputes, unequal distribution Clear, equal distribution
Legal disputes High risk of ambiguity and conflict No ambiguity, no disputes
Legal fees £20,000-£30,000 for clarification Standard probate costs only
Timeline 12-18 months to resolve 6-9 months standard probate

The choice is clear. Updating your will isn't optional—it's essential for protecting your family.

When to Update Your Will After Your Second Child Is Born

Timing matters. The longer you wait, the greater the risk that something happens before you update your will.

The ideal timeline is 3-6 months after birth. This gives you time to recover from the immediate chaos of a newborn while the urgency is still fresh. You're on parental leave or adjusting to life with two children, which means you're at home and motivated to protect your growing family.

Waiting longer than six months is risky. Life becomes busy. The initial urgency fades. You think, "I'll do it next month," and suddenly three years have passed.

Why waiting is dangerous: You can't predict when you'll need your will. Tragic accidents happen. Illnesses strike without warning. Every day you delay is a day your second child might not be adequately protected.

Consider two approaches:

Rajesh and Priya updated their will two months after their second daughter was born. They used Priya's maternity leave to complete the update online one evening. It took 20 minutes. They felt immediate relief knowing both daughters were equally protected, and the guardians they'd chosen had confirmed they could care for both children.

Daniel and Sarah kept postponing the update. Three years passed. When Daniel was diagnosed with cancer at age 39, they scrambled to update their will, but the diagnosis made conversations with potential guardians difficult. Some declined, worried about taking on two young children plus Daniel's illness. The stress of updating under pressure was immense.

What if your second child is already older? Update immediately. Whether your second child is six months or six years old, it's better to update now than wait any longer. Don't let guilt about the delay prevent you from taking action today.

Other life events that should trigger a will review:

  • Moving house (asset values change)
  • Receiving an inheritance (estate value increases)
  • Job change or promotion (financial circumstances change)
  • Relationship changes (divorce, remarriage)
  • Death of named guardians or executors

The UK government recommends reviewing your will every five years or after major life events. The birth of a child is one of the most significant life events possible.

Set a specific deadline. Don't leave it vague. Choose a date within the next month and commit to updating your will by then. Put it in your calendar. Treat it as non-negotiable, like a medical appointment for your child.

Your second child deserves the same protection you gave your first. Don't let procrastination put them at risk.

The 5 Essential Changes You Must Make to Your Will

When updating your will for your second child, five key areas require attention. Here's exactly what to change:

Change #1: Explicitly Name Both Children as Beneficiaries

Remove any references to a single child by name and replace them with explicit language that names both children.

Before: "I leave my estate to my daughter Lily."

After: "I leave my estate to my children, Lily Rose Johnson (born 14 March 2021) and Noah James Johnson (born 22 September 2023), in equal shares."

Including full names and dates of birth eliminates ambiguity. If you want unequal distribution, be specific: "I leave 60% of my estate to Lily and 40% to Noah" and explain why in a letter of wishes.

Change #2: Update Guardian Appointments

Confirm your original guardians can handle two children instead of one. Have an honest conversation about their capacity, finances, and willingness.

Questions to ask:

  • Do you have space for two children in your home?
  • Can you afford to care for two children financially?
  • Are you willing and able to take on this responsibility?
  • How would caring for two children affect your own family?

If the answer to any question is no, appoint different guardians. It's better to know now than to leave them in an impossible position.

Update your guardian clause: "I appoint my brother Michael Thompson and his wife Sarah Thompson as guardians for both Lily and Noah. If they are unable or unwilling to serve, I appoint my sister Emma Clarke as substitute guardian."

Create a detailed letter of wishes that addresses both children's specific needs, personalities, and your hopes for their upbringing.

Change #3: Revise Trust Provisions

If you established a trust for your first child, ensure the same provisions apply equally to your second child.

Key trust considerations:

  • When does each child receive their inheritance? (Age 18, 21, 25?)
  • Are the terms identical for both children?
  • Do you need separate trusts or one combined trust?
  • Who are the trustees, and can they manage trusts for two children?

Trusts for bereaved minors offer inheritance tax advantages. If you used this structure for your first child, ensure your second child has the same benefits.

Change #4: Review and Update Specific Gifts

Check any specific gifts in your will—jewelry, property, sentimental items—and ensure fair distribution between children.

Michael's situation: When his first daughter Chloe was born, he specified in his will that she would receive his late mother's engagement ring and £20,000 for a house deposit. When his second daughter Grace was born, he updated his will to give Grace his grandmother's pendant and an equivalent £20,000 for her own house deposit.

If you can't divide items equally, explain your reasoning. For example: "Lily receives my mother's engagement ring because it has always been intended for the eldest daughter in our family. Noah receives my father's watch, which has the same sentimental value and approximate financial worth."

Change #5: Update Executor Appointments

Confirm your executor can manage an estate that provides for two children instead of one. The responsibilities increase with multiple beneficiaries—more accounts to manage, more distributions to coordinate, more potential for disputes.

Consider appointing co-executors as a check and balance, especially if your estate is complex or your children are young.

Checklist:

  • ☐ Both children named explicitly with full names and dates of birth
  • ☐ Guardian appointments confirmed for two children
  • ☐ Trust provisions apply equally to both children
  • ☐ Specific gifts distributed fairly
  • ☐ Executor confirmed or updated
  • ☐ Letter of wishes created addressing both children
  • ☐ Equal shares clearly stated (or unequal shares with documented reasoning)

Should You Divide Your Estate Equally Between Your Children?

This is one of the most important—and emotionally charged—questions parents face when updating their will.

The case for equal distribution is compelling:

First, equal treatment prevents family conflict. When children receive different amounts without clear justification, resentment festers. Siblings blame each other or question whether they were less loved. These conflicts can destroy relationships for decades.

Second, equal distribution is simpler legally. There's no ambiguity, no room for disputes, no need to justify your choices in court if a child contests the will.

Third, equal distribution is what most families choose. Research shows 73% of UK parents plan to divide their estate equally among their children, making it the social norm.

When unequal distribution might make sense:

Despite these advantages, unequal distribution is appropriate in some circumstances:

1. Special needs: If one child has a disability requiring lifetime care, they may need a larger share to fund that care. Other children often understand and support this reasoning.

Linda's daughter has Down syndrome and will need support throughout her life. Linda's will provides a discretionary trust for her daughter's lifetime care, with the remainder passing to her son as a lump sum. Her son fully supports this arrangement.

2. Substantial lifetime gifts: If you've already given one child significant financial support—such as a £40,000 house deposit—you might adjust your will to equalize treatment.

Michael gave his first child £40,000 toward a house in 2019. When his second child was born in 2023, he updated his will to ensure his second child receives an equivalent £40,000 from his estate before the remainder is divided equally. This way, both children receive the same total support over their lifetimes.

3. Caregiving contributions: If one child provided substantial caregiving during your later years, you might leave them a larger share in recognition. However, be careful—this can create resentment if other children feel they would have helped if asked.

4. Business succession: If one child works in your family business and another doesn't, business assets might go to the involved child while other assets equalize the distribution.

How to handle unequal distribution without causing conflict:

If you decide on unequal distribution:

Document your reasoning clearly in a letter of wishes. Explain exactly why you made this choice. "I've left more to Emma because she has multiple sclerosis and will need lifetime care. I love both my children equally, but Emma's needs are greater."

Consider having conversations during your lifetime. This is difficult, but discussing your reasoning while you're alive allows children to ask questions and understand your thinking. It's harder to resent a decision you understood and discussed than one that surprises you after a parent's death.

Work with a financial advisor. They can help you calculate fair amounts if you're trying to equalize lifetime gifts or balance different asset types.

Be specific, not vague. Don't say "Emma needs more support." Say "Emma requires £200,000 for lifetime care costs related to her disability, and I'm providing this through a discretionary trust."

The default recommendation is equal distribution. Unless you have a compelling reason for unequal distribution, dividing your estate equally is the safest, fairest, and clearest approach. Your children will thank you for it.

Updating Guardian Appointments: What Changes for Two Children

Guardian appointments are arguably the most important part of your will if you have young children. When your family grows from one child to two, those appointments need careful reconsideration.

Can your original guardians handle two children?

This is the critical question. The guardians who enthusiastically agreed to care for one child may not have the capacity for two.

Financial considerations: Raising a child costs approximately £150,000-£200,000 from birth to age 18. Doubling that is a significant financial burden. Yes, your estate will provide some support, but will it be enough? Do your chosen guardians have the income to cover daily expenses while waiting for estate funds?

Space considerations: A couple in a two-bedroom flat might accommodate one extra child. Two extra children require significantly more space—separate bedrooms, more living area, possibly a larger home. Can your guardians accommodate this?

Time and energy: Caring for two children is more than twice the work of one. There are two sets of school runs, two sets of extracurricular activities, two children's emotional needs to meet. Do your guardians have the time and energy, especially if they have children of their own?

Age of guardians: If your guardians are your parents, consider their age and health. A fit, healthy 55-year-old might manage one grandchild. Managing two children through their teenage years when the guardians are in their late 60s and 70s is a different proposition.

Ben and Rachel, Emma's original guardians, were honest when Emma asked if they could take both Lily and Noah. "We'd love to say yes," Ben said, "but with our own two children, taking on two more would be overwhelming. We could manage one, but not two. We're sorry."

Emma and James appreciated the honesty and appointed different guardians with a larger home and no children of their own, who could absolutely take on both Lily and Noah.

Questions to ask potential guardians:

Before confirming or appointing guardians for two children, have these conversations:

  1. Are you willing and able to care for two children if something happens to us?
  2. Do you have adequate space in your home?
  3. How would taking on two children affect your family and lifestyle?
  4. Would you need to move or make significant changes to accommodate them?
  5. Are you financially able to cover daily expenses while the estate is settled?
  6. What support would you need from our estate to make this work?

Financial support for guardians:

Consider explicitly stating in your will or letter of wishes that funds from your estate should be made available quickly to support guardians. You might specify:

"I request my executors to advance up to £30,000 from my estate within 30 days of my death to support the guardians in caring for Lily and Noah during the estate administration period."

This ensures guardians aren't financially stretched while probate takes 6-12 months.

Appointing separate guardians for different children:

This is generally not recommended. Separating siblings after the loss of their parents compounds trauma. Children need each other during grief.

However, there are rare exceptions:

  • Significant age gap (one child is 17, the other is 2)
  • Special needs requiring specialized care in different locations
  • Children have different relationships with potential guardians

If you're considering separate guardians, consult a family law solicitor to understand the implications.

Creating a comprehensive letter of wishes:

Your letter of wishes should provide detailed guidance about both children:

  • Each child's personality, interests, and needs
  • Your hopes for their education
  • Any special health or emotional considerations
  • Why you chose these specific guardians
  • How you hope the children will be raised together
  • Your values and priorities for their upbringing

Example excerpt from a letter of wishes:

"Lily is outgoing and loves music and drama. She thrives with structure and clear boundaries. Noah is more reserved and needs time to warm up to new people. He loves building with Lego and could spend hours drawing. We hope they'll stay in the same school if possible and continue their piano lessons, which they both enjoy. Above all, please keep them together. They're very close and will need each other."

Guardian appointments are governed by the Children Act 1989, which requires appointments to be in writing, dated, and signed. They take effect upon the death of the last surviving parent with parental responsibility.

Codicil vs. New Will: Which Should You Choose?

When updating your will after your second child's birth, you have two options: create a codicil (an amendment to your existing will) or draft a new will. Which should you choose?

What is a codicil?

A codicil is a legal document that makes specific changes to your existing will without replacing it entirely. It must be signed and witnessed with the same formality as the original will—two independent witnesses who are present when you sign.

You can add as many codicils as you need, though multiple amendments can become confusing.

When a codicil is appropriate:

A codicil works well for very minor changes:

  • Simply adding your second child's name to the list of beneficiaries
  • No changes to guardian appointments (they've confirmed they can take two children)
  • No changes to trust provisions (existing structure works for both children)
  • No specific gifts that need adjusting

Example codicil scenario: Your will says "I leave my estate to my children in equal shares" and names your daughter. You have a son. You simply want to add: "I now have two children: Lily Rose Johnson and Noah James Johnson, and they shall share my estate equally."

That's straightforward enough for a codicil.

When a new will is better:

In most cases, a new will is the superior choice when you have a second child. Here's why:

1. Multiple changes needed: If you're updating guardian appointments, revising trust provisions, and adjusting beneficiaries, that's several significant changes. A new will is clearer than a codicil making multiple amendments.

2. Avoids confusion: When your executors read your will, a single, clear document is far easier to understand than an original will plus one or more codicils. Confusion leads to mistakes and disputes.

3. Explicitly revokes previous wills: A new will starts with: "I revoke all previous wills and codicils." This eliminates any question about which document is current.

4. Opportunity for comprehensive review: When drafting a new will, you review everything—executors, guardians, beneficiaries, specific gifts. You might discover other updates needed that you hadn't considered.

5. Same execution requirements: Both a codicil and a new will require signing in front of two witnesses. The formality is identical, so you're not saving any effort with a codicil.

Cost comparison:

With a solicitor:

  • Codicil: £150-£300
  • New will: £300-£800

With WUHLD online:

  • New will: £99.99 (codicils not offered because new will is simpler and clearer)

When you look at the costs, creating a new will online is actually cheaper than paying a solicitor for a codicil, and you get a clean, comprehensive document.

Example of codicil confusion:

The Thompson family had an original will from 2015, a codicil from 2017 adding their son, and a codicil from 2019 changing guardians. When Mark died in 2023, the executors had to read three separate documents to understand his wishes. They initially missed the guardian change because it was in the second codicil. The confusion delayed probate by three months.

Recommendation:

Unless your only change is adding your second child's name as a beneficiary (and nothing else needs updating), draft a new will. It's clearer, simpler to execute, and gives you an opportunity to review all provisions comprehensively.

With WUHLD, you can create a new will in 15 minutes for £99.99—less than most solicitors charge for a codicil, and you get a complete, up-to-date document that reflects your entire family situation.

How to Update Your Will: Step-by-Step Process

Updating your will doesn't have to be complicated. Follow these steps to complete the process efficiently:

Step 1: Gather Information

Before you begin, collect:

  • Both children's full legal names and dates of birth
  • Guardian candidates' names, addresses, and relationship to you
  • Updated asset information (house value, savings, pensions, investments)
  • Your existing will (to reference current provisions)
  • Executor details (confirm they're still willing and able)

Set aside 30 minutes to gather this information. You'll need it whether you use a solicitor or an online service.

Step 2: Decide on Distribution

Make clear decisions about:

  • Equal or unequal shares: In most cases, equal is best
  • Specific gifts: Jewelry, heirlooms, sentimental items
  • Trust provisions: When should children receive their inheritance? Age 18, 21, 25?
  • Substitute beneficiaries: What if both children predecease you?

If you're considering unequal distribution, write down your reasoning. This will form the basis of your letter of wishes.

Step 3: Confirm Guardian Appointments

Have honest conversations with potential guardians:

"We're updating our will now that we have two children. We'd like to appoint you as guardians for both Lily and Noah if something happens to us. This is a big responsibility—two children instead of one. Can you take this on?"

If they say yes, confirm:

  • They understand the financial commitment
  • They have adequate space
  • They're willing to care for both children together
  • They understand your values and hopes for the children's upbringing

If they say no or express hesitation, thank them for their honesty and approach alternative guardians.

Step 4: Choose Your Method

You have three options:

Option 1: Solicitor

  • Cost: £300-£800
  • Time: 2-4 weeks (appointments, drafting, revisions)
  • Best for: Complex estates, business ownership, international assets, complicated family situations

Option 2: Online service (WUHLD)

  • Cost: £99.99
  • Time: 15 minutes to complete, can preview free first
  • Best for: Straightforward estates, clear family situations, two-parent families

Option 3: DIY will kit

  • Cost: £10-£30
  • Risk: High error rate in witnessing and execution
  • Not recommended: Easy to make mistakes that invalidate the will

For most parents updating a will after a second child, WUHLD's online service offers the best balance of cost, convenience, and reliability.

Step 5: Draft and Review

Complete the will draft carefully:

  • Double-check all names and dates of birth
  • Ensure both children are named explicitly
  • Review guardian appointments
  • Confirm trust provisions apply equally
  • Check specific gifts are fair

If using WUHLD, you can preview your complete will before paying. Take time to read it thoroughly. Show it to your partner. Make sure it reflects your wishes exactly.

Step 6: Execute Properly

Once you're satisfied with your will:

  • Print the final version
  • Sign in the presence of two independent witnesses who are both present at the same time
  • Witnesses must not be beneficiaries or married to beneficiaries
  • Witnesses should watch you sign, then sign themselves
  • All signatures should be on the same occasion

Common witnessing mistakes:

  • ❌ Witnesses sign at different times
  • ❌ Beneficiary acts as witness (invalidates their gift)
  • ❌ Only one witness present
  • ❌ Witnesses don't actually watch you sign

Correct witnessing:

  • ✓ Two independent witnesses present together
  • ✓ Both watch you sign
  • ✓ Both sign immediately after you
  • ✓ All signatures on the same date

Step 7: Store Safely and Inform Executor

Store your will in a safe place:

  • Fireproof safe at home
  • With your solicitor (if applicable)
  • With WUHLD's storage service (if using WUHLD)

Tell your executor where the will is stored. This is critical. The best will in the world is useless if no one can find it.

Step 8: Create Letter of Wishes

Draft a letter of wishes to accompany your will. This isn't legally binding but provides valuable guidance:

  • Why you chose these guardians
  • Specific hopes for each child's upbringing
  • Educational preferences
  • Values you want instilled
  • Any explanations for unequal distribution (if applicable)

Timeline estimate:

  • Gathering information: 30 minutes
  • Guardian conversations: 1-2 hours over a week
  • Completing online will: 15 minutes
  • Reviewing and finalizing: 30 minutes
  • Signing and witnessing: 15 minutes
  • Creating letter of wishes: 1 hour

Total time investment: 3-4 hours spread over 1-2 weeks

Emma completed this exact process during her maternity leave. She gathered information on Monday, spoke to guardians on Wednesday, completed her WUHLD will on Friday evening (during baby Noah's nap time), and signed it on Saturday with two neighbors as witnesses.

"I kept putting it off because I thought it would take forever," Emma said. "Actually doing it took less time than scrolling through Instagram. I wish I'd done it sooner."

Common Mistakes to Avoid When Updating Your Will

Even well-intentioned parents make mistakes when updating their wills. Avoid these common pitfalls:

Mistake #1: Assuming "my children" automatically covers everyone fairly

Even general language like "my children" can cause problems if your original will included specific gifts. Review the entire will, not just the beneficiary clause.

How to avoid: Explicitly name both children with full names and dates of birth throughout the will.

Mistake #2: Forgetting to update guardians

You updated the beneficiary section but left the guardian appointments unchanged. Your original guardians may not be suitable for two children.

How to avoid: Have explicit conversations with guardians about their capacity for two children before finalizing the will.

Mistake #3: Creating unintentional inequality

You added your second child but didn't remove or adjust specific gifts to your first child, creating unequal treatment.

Example: Sarah's will left £20,000 to her first daughter for university fees. She added her son as a beneficiary but forgot to give him an equivalent specific gift. The result: her daughter got £20,000 plus half the remainder, while her son only got half the remainder.

How to avoid: Review all specific gifts and ensure equal treatment or document reasoning for differences.

Mistake #4: Not updating life insurance beneficiaries

Your will covers your estate, but life insurance passes outside the will directly to named beneficiaries. If your life insurance policy still names only your first child, your second child won't receive those funds.

How to avoid: Update all beneficiary designations simultaneously—life insurance policies, pension plans, investment accounts.

Mistake #5: Procrastinating "until things settle down"

With two young children, life never settles down. There's always something happening—teething, illness, sleep regression, starting school. Waiting for calm means waiting indefinitely.

How to avoid: Set a specific deadline (within one month) and treat it as non-negotiable. Complete the will during a nap time or evening.

Mistake #6: Using DIY will kits incorrectly

DIY will kits are inexpensive, but witnessing errors, unclear language, or missing provisions can invalidate them. You might think you've updated your will when you actually haven't.

How to avoid: If you can't afford a solicitor, use a reputable online guided service like WUHLD that walks you through each step and ensures legal compliance.

Mistake #7: Not storing the will properly or telling anyone about it

Your family doesn't know you updated your will or where the new will is stored. They find your old will and use that instead, defeating the entire purpose.

How to avoid:

  • Store will in a safe, accessible location
  • Tell your executor exactly where it is
  • Destroy old wills after creating new one
  • Keep a note with important documents: "Will stored at [location]"

Mistake #8: Forgetting to destroy the old will

You created a new will but kept the old one "just in case." Multiple wills create confusion and disputes. Executors may not know which is current.

How to avoid: Once your new will is signed and witnessed, physically destroy the old will. Burn it, shred it, or tear it up. Your new will should explicitly state "I revoke all previous wills and codicils."

Mistake #9: Not creating a letter of wishes

Your will provides legal instructions, but it doesn't explain the reasoning behind your decisions or provide guidance about your children's upbringing.

How to avoid: Create a letter of wishes addressing both children's specific needs, your parenting values, educational hopes, and reasoning for any decisions that might need explanation.

Mistake #10: Never reviewing the will again

You updated for your second child and never thought about it again. Five years later, circumstances have changed—guardians have moved abroad, your assets have increased significantly, one child has special needs.

How to avoid: Review your will every 5 years or after major life events. Set a calendar reminder.

Prevention checklist:

Before finalizing your will, verify:

  • ☐ Both children named explicitly throughout
  • ☐ Guardian appointments confirmed for two children
  • ☐ All specific gifts reviewed for fairness
  • ☐ Life insurance beneficiaries updated
  • ☐ Will completed within set deadline
  • ☐ Proper witnessing (two independent witnesses, both present)
  • ☐ Will stored safely with executor informed
  • ☐ Old will destroyed
  • ☐ Letter of wishes created
  • ☐ Calendar reminder set for five-year review

FAQs: Updating Your Will After a Second Child

Q: Do I need to update my will after having a second child?

A: Yes, you should update your will after having a second child. While your existing will may include a general provision for "my children," it's crucial to explicitly name both children, update guardian appointments to reflect the needs of two children, and review inheritance distribution to ensure fairness. Without an update, your will may not reflect your current wishes, and guardians may not be prepared for the responsibility of caring for two children.

Q: What happens if my will only names my first child?

A: If your will only names your first child, your second child could potentially be excluded from inheritance or receive an unequal share depending on how your will is worded. Under Section 33 of the Wills Act 1837, gifts to "children" generally include all your children, but specific provisions naming only one child can create ambiguity and lead to disputes. It's essential to update your will to explicitly name both children to avoid any potential legal challenges.

Q: Should I divide my estate equally between my two children?

A: Most parents choose to divide their estate equally between children to prevent family conflict and resentment. Research shows that 73% of UK parents plan to split their estate equally among their children. However, you may consider unequal distribution if one child has special needs, received substantial financial support during your lifetime, or if there are other compelling circumstances. Whatever you decide, clearly document your reasoning in a letter of wishes to prevent disputes.

Q: Can I use a codicil to add my second child to my will?

A: You can use a codicil for minor additions like adding your second child's name as a beneficiary, but a new will is often recommended when you have significant changes to make. If you need to update guardian appointments, change trustee arrangements, or substantially revise inheritance distribution, creating a new will provides clarity and reduces the risk of confusion. Creating a new will online with WUHLD costs £99.99 and takes 15 minutes—often cheaper and clearer than a solicitor-drafted codicil.

Q: How do I update guardian appointments for two children?

A: When updating guardian appointments for two children, consider whether your original guardians can care for two children instead of one, as the financial and practical responsibility doubles. Discuss the appointment with the potential guardians to ensure they're willing and able to take on both children. You should also create a detailed letter of wishes outlining your hopes for both children's upbringing, education, and any specific needs each child has.

Q: Will my second child automatically inherit if I don't update my will?

A: It depends on how your will is worded. If your will says "my children" or "all my children," your second child should be included automatically. However, if your will names your first child specifically or provides for "my child [Name]," your second child may be excluded or their inheritance may be unclear. To avoid any ambiguity or potential legal disputes, you should always update your will to explicitly name all your children.

Q: What's the best way to ensure both children are treated fairly in my will?

A: To ensure both children are treated fairly, explicitly name both children as beneficiaries, divide your estate in equal shares (or document your reasoning if unequal), appoint guardians who can care for both children, establish trusts with equal terms for children under 18, and create a letter of wishes explaining your intentions. Review your will every time there's a major life change, including the birth of each child, to ensure it remains fair and reflects your current wishes.

Conclusion

Your second child deserves the same protection and consideration you gave your first. Updating your will isn't just a legal formality—it's an act of love that ensures both your children are treated equally and cared for according to your wishes if the unthinkable happens.

Key takeaways:

  • Your existing will likely doesn't adequately cover your second child, even if it mentions "my children" generally—specific provisions and guardian appointments need updating
  • Update within 3-6 months of your second child's birth to ensure equal treatment and proper protection while the urgency is still fresh
  • Confirm your chosen guardians can handle two children instead of one—financial and practical considerations double with a second child
  • A new will is usually clearer and safer than a codicil when multiple changes are needed, especially with guardian appointments and trust provisions
  • Review and update beneficiary designations on life insurance and pension policies simultaneously to ensure comprehensive coverage

The peace of mind knowing your will reflects your whole family is worth the small time investment. Your children are counting on you to protect them equally.

Update your will to include your second child today. With WUHLD, it takes just 15 minutes online—less time than scrolling through social media.

For £99.99 (vs £300-£800 for a solicitor), you'll get:

  • Your complete, legally binding will naming both children
  • A 12-page Testator Guide explaining how to execute your will properly
  • A Witness Guide to give to your witnesses
  • A Complete Asset Inventory document to organize your estate

You can preview your entire updated will free before paying anything—no credit card required.

Preview Your Will Free – No Payment Required

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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