Writing a Will While Expecting a Child

Pregnancy is one of the best times to create or update a Will. The motivation is built-in — protecting an expected child focuses minds on planning. This guide covers the specific elements.

Naming an unborn child in your Will #

Standard inclusive language:

"I leave the residue of my estate to my children, in equal shares per stirpes. For purposes of this Will, 'children' includes all children born to me, whether before or after the date of this Will, and any child unborn at the date of my death."

This ensures the expected child inherits even if you die before they're born or before updating the Will after birth.

Alternative — name specifically when known:

"I leave the residue of my estate to my children Emma, James, and the child currently expected (due [date]), in equal shares per stirpes."

Either works; inclusive language is more flexible (covers future children too).

Guardian designation — critical #

If both parents die while the child is a minor, a guardian raises the child.

During pregnancy:

• Discuss with potential guardian
• Confirm willingness
• Designate primary AND backup
• Specific to circumstances

Beyond first child:

• If existing children, guardian likely the same for all
• May warrant different guardian if existing children much older or have specific circumstances

See writing a Will with children for details on guardian selection.

Trust for inheritance #

Children under provincial age of majority (18 or 19) cannot directly own most property. Trust holds funds until designated age.

Unified trust for all children:

"If any of my children are under the age of [25] at the time of distribution, their share shall be held in trust, with the trustee using the funds for their benefit until they reach age [25]."

Trustee:

• Should be different from guardian for accountability
• Financially capable
• Specific to ongoing administration

Life insurance review #

Most life insurance unaffected by pregnancy:

• No specific waiting period or pregnancy-related exclusion typically
• Existing policies continue normally
• New policies generally don't restrict during pregnancy

Consider increasing coverage:

• Costs of raising child to adulthood substantial
• Specific to family circumstances
• Term insurance often cost-effective for young parents

Beneficiary designations:

• Confirm spouse is primary beneficiary
• Specific contingent — children (through trust if minor)
• Specific to coordinate with Will provisions

Group life through employer:

• Often modest coverage (1-2x salary)
• Coverage may end at termination/retirement
• Specific designation through HR

Beneficiary designations on registered accounts #

Update if not current:

• RRSP/RRIF — Spouse typically primary (allows tax-deferred rollover); children contingent
• TFSA — Spouse as successor holder (preserves TFSA characteristics); or designated beneficiary
• Pension plans (employer) — Spouse typically required by pension legislation
• Pension plans (LIRA, LIF) — Spouse typically primary

These pass outside the Will and need separate designation.

Existing children review #

If this isn't the first child:

• Update Will to include new child
• Update guardian designation if circumstances changed
• Confirm specific bequests still appropriate (if any item-specific bequests refer to existing children)
• Update beneficiary designations on accounts

Other planning during pregnancy #

Power of Attorney for property (financial):

• Designate trusted person if you cannot manage finances
• Specific provincial form
• Critical during pregnancy in case of medical complications

Power of Attorney for personal care (health):

• Designate person for health decisions
• Critical for birth-related medical scenarios
• Specific provincial form

Advance directive:

• Specific medical preferences
• Specific to pregnancy-related scenarios (complications, premature labour, etc.)
• Specific provincial documents

Beneficiary forms:

• Update on all financial accounts
• Specific to spouse and contingent

Coordinating both spouses #

Mirror Wills:

• Each spouse's Will mirrors the other
• Each leaves to surviving spouse, then to children
• Same guardian designation
• Same trustee
• Same backup designations

Discussion:

• Both parents agree on guardian
• Both agree on financial provisions
• Both understand the other's Will
• Specific to communication

Update both simultaneously:

• Avoid mismatched Wills
• Single online service can produce both for couple
• Or both consult same lawyer

Common pregnancy estate planning errors #

Waiting until after birth. Many parents intend to "after the baby is born." Risk — complications during pregnancy or birth without protection.

Naming a couple as guardian. What if they later divorce? Name individual with backup.

Forgetting beneficiary designations. Will is one thing; designations on RRSP, TFSA, pension, life insurance are separate.

Not discussing with intended guardian. Surprise designations can be uncomfortable; discuss in advance.

One spouse only. Both parents need Wills; only one having a Will creates asymmetry.

What we focus on at It's Simple Will #

The Will Creator handles expecting-parent Wills including inclusive child language, guardian designation with backup, trust for minor children, and unified provisions for both spouses. Online format means quick updates as life evolves.

Related guides #

• Writing a Will with children
• Three essential people in your Will
• How often review estate plan
• How to update beneficiary designations