Can we include our unborn child in our will now?

Full question:

My husband and I are expecting our first child in early March. We are working on our will now. Can we go ahead and include her in it with guardian information, trust information, etc.? Or, should we wait to set up the will after she's born?

Category: Wills and Estates
Date: 04/07/2025
State: Georgia

Answer:

Yes, parents can include provisions for an unborn child in a will. Whether to wait until the child is born depends on personal circumstances. For instance, if there are increased risks to the parents before the birth, it may be wise to include the child now. Additionally, if you have chosen a name for the child, it is preferable to specify it in the will. Ultimately, the decision should reflect your personal preferences and the specific facts of your situation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a person under guardianship make a will?

In most cases, a person under guardianship may not have the legal capacity to create a will. The guardian typically has the authority to make decisions on behalf of the individual, including matters related to their estate. However, laws can vary by state, so it's essential to consult with a legal professional in your state to understand the specific rules that apply.

How to write a will for guardianship?

To write a will that includes guardianship provisions, first, clearly state your wishes regarding guardianship for your children. Name the individuals you trust to serve as guardians and include any specific instructions or conditions you want to apply. It's advisable to consult with an attorney to ensure that the will meets legal requirements and effectively reflects your intentions.

How do I write a granting guardianship letter?

A granting guardianship letter should include your full name, the name of the child, and the name of the proposed guardian. Clearly state your intention to grant guardianship and specify the duration and any conditions if applicable. It’s important to sign the letter in the presence of a notary public to ensure its validity. Consulting with an attorney can provide additional guidance.

Should you have a will before giving birth?

While it's not legally required to have a will before giving birth, it is highly advisable. Having a will in place can ensure that your child is provided for and that guardianship is established according to your wishes. It can also help alleviate stress during a significant life change. Consider consulting an attorney to discuss your options.

How to make a will guardianship?

To create a will that includes guardianship provisions, start by clearly identifying the children you wish to name guardians for. Specify the individuals you want to appoint as guardians and include any alternate choices. Make sure to include any specific instructions regarding their upbringing. Consulting with an attorney can help ensure your will is legally sound and accurately reflects your wishes.

Can a will determine custody?

A will can specify guardianship for minor children, which can influence custody arrangements in the event of a parent's death. However, custody decisions are ultimately made by the court, which will consider the best interests of the child. It's important to consult with a family law attorney to understand how your will can impact custody matters.