Why Children Can’t Be in a Will Appointment – And What You Should Do Instead
Thinking about getting your Will sorted but wondering if you can bring your kids along to the appointment? Many parents assume it’s fine to have their children present, but in most cases, it’s not allowed. Here’s why—and what you can do instead.
1. A Will Must Be Made Without Influence
When you make a Will, the law requires that it be made voluntarily and without pressure. If a child (or any other person) is present, concerns may be raised as to whether they are influencing your decisions, particularly if they are going to get a gift from your Estate.
This becomes even more important where:
- You are leaving different amounts to beneficiaries who would otherwise have similar standing
- You are excluding someone from your Will
- There are complex family dynamics (e.g., blended families, estranged relatives)
To protect the validity of your Will, your lawyer will want to ensure that your instructions are truly your own—without external pressure, and the best way to do this is to talk to you alone.
2. Confidentiality and Legal Advice
Your discussions with your lawyer are private and legally protected. Having children in the room—especially if they are adults—can create problems in relation to your right to privilege and confidentiality.
Your lawyer will want to have an open conversation with you, discussing all options for your estate planning, potential risks, and how best to protect your wishes.
3. Best Interests of the Child
If your children are minors, it’s simply not appropriate for them to be present during discussions about death, inheritance, or family disputes. These topics can be complex and emotionally challenging, and it’s best to keep them out of adult decision-making processes.
4. What about my spouse?
In most cases bringing your spouse to the appointment is not only allowed, but encouraged.
Having an agreed position as to what will happen to your Estate, particularly where they are held jointly, is a critical step in Estate planning.
Final Thoughts
A Will is one of the most important legal documents you’ll ever create, and ensuring it’s done correctly and without influence is crucial. By attending your appointment alone, you help protect the integrity of your Will and ensure your wishes are carried out exactly as you intend.
If you’re ready to make or update your Will, contact our expert family lawyers today to get started.
