Estate planning helps you prepare for life's uncertainties. It protects your assets and your loved ones if something happens to you. But what if your child hasn't been born yet? Should you plan for a child who doesn't exist? Let's break it down. We'll look at the pros, cons, and practical steps to include future children in your estate plan.

Estate Planning Means Thinking Ahead

Estate planning covers two big events:

• What happens if you can't manage your own affairs
• What happens to your assets when you die

It allows you to name who gets your property, who raises your kids, and who makes decisions for you. Planning ahead gives you more control. It protects your legacy. It helps your family avoid stress during difficult times.

Can You Be Too Prepared?

It's possible to overcomplicate things. But when it comes to kids-especially future ones-planning ahead is usually wise. If you're expecting a baby or planning to adopt, start your estate plan now. You can always update it later.

But don't get lost in the “what-ifs.” Focus on flexibility and clarity. That way, your plan works no matter what life throws at you.

Pros of Including Unborn Children

1. You Prevent Accidental Disinheritance

If you die before updating your plan, a new child could be left out. A broad plan protects against that.

2. You Can Share Guardianship Wishes

Your will lets you name a guardian for your kids. That includes children not yet born.

3. You Create a More Complete Plan

Thinking about future kids helps you build a thoughtful, long-lasting estate plan.

Cons of Including Unborn Children

1. It May Not Match Your Life

If you never have children, planning for them might create confusion for your executor or trustee.

2. Too Many Details Can Slow Things Down

Overly complex documents take longer to interpret and may delay probate or trust administration.

3. It Might Not Reflect Future Needs

Every child is different. Planning for a hypothetical one could overlook future unique needs.

Most Parents Don't Have a Plan

Let's look at the numbers. A 2025 Caring.com survey found only 24% of Americans have a will. That means 3 out of 4 people are unprepared. Even among parents with minor children, most do not have an estate plan. That's risky.

Without a plan, the court decides who inherits your property and who raises your kids.

A Will Can Do More Than You Think

Many parents don't know their will can name guardians. It's not just about money. Without a will, the court picks who raises your kids. They might not choose the person you would. Writing a will gives you a voice. It shows the court what you want for your children.

What If You're Planning for a Child?

Many parents forget to update their plan after having a child. This can lead to problems. One famous case? Heath Ledger. Ledger wrote his will before his daughter, Matilda, was born. His will left everything to his parents and siblings. Thankfully, his family gave the estate to Matilda anyway. But that outcome isn't guaranteed for everyone.

Estate Plans Need Regular Updates

Don't “set it and forget it.” Update your plan every 3–5 years. Review it after major life events like:

• A birth or adoption
• A marriage or divorce
• A death in the family

The Caring.com survey showed nearly one-quarter of people never update their estate plan. That's a problem.

How to Plan for Unborn Children

You don't need to create a perfect plan. You need a flexible one. Here are some steps to make your plan work-now and later.

Use Inclusive Language

Your documents should include all children-born and unborn. Use phrases like:

“All my children, living or hereafter born or adopted.”

This ensures no child gets left out, even if they arrive after you write the plan. It also helps prevent fights among surviving family members over your intent.

Consider Trust Provisions

A trust lets you manage how children receive their inheritance. You can:

• Delay distributions until a certain age
• Make gifts after milestones (like graduating)
• Give the trustee full discretion

A trust gives flexibility. But it also gives power to the trustee, so choose wisely. You won't know a future child's personality or needs. The trustee must adapt.

Name a Guardian (Even for Future Kids)

Your will should name a guardian for any children-not just ones you already have. You can write something like:

“I nominate [Name] as guardian for all my minor children, born or adopted.”

Talk to your chosen guardian. Make sure they're willing to take on this role-possibly for more than one child. Be open to revisiting the decision as circumstances change.

Plan for Special Needs or Circumstances

Kids are unique. One may have health needs. Another may need extra educational support. You can't predict those things for an unborn child. But you can create a flexible plan.

A trust with broad terms lets the trustee adapt based on the child's actual needs.

Avoid Excessive Complexity

More isn't always better. If you build in too many “what-ifs,” your executor or trustee could get overwhelmed. That may lead to delays, extra legal costs, and confusion about your wishes.

What If You Never Have Children?

Planning for unborn children is smart-but what if those children never arrive? It depends on how you word your plan.

Here's What Could Happen

1. Your Assets Go to Backup Beneficiaries

If your will or trust names “children” but you have none, the plan usually shifts to backup heirs.

2. Your Executor May Struggle to Interpret Your Plan

If you create elaborate conditions, your executor may not know what to do.

They'll have to guess which parts apply. That may trigger court involvement.

3. The State Decides

If you don't name backups, or your instructions are unclear, your estate goes to probate.

State law will decide who gets your property-likely your spouse, parents, or siblings.

Focus on Clarity and Flexibility

Estate planning isn't about guessing the future. It's about preparing for possibilities. When you include unborn children, keep things simple. Use inclusive language. Name guardians. Build in flexibility.

Avoid overthinking every detail. Instead, create a plan that adapts with your life.

Final Thoughts: Don't Wait

Start with a basic plan. Update it as your life changes. Work with an experienced estate planning attorney. They'll help you build a plan that protects your future family-born or not.

By acting now, you give your loved ones peace of mind. You also give yourself control, no matter what happens next.