What will happen to my children if I die?

Barker Son & Isherwood LLP


Phone 01264 353411

Email info@bsandi.co.uk

This is a big concern for many people who have children and often such a big life event such as becoming a parent forces people to consider their own mortality.

Making a Will is a really simple way to make sure that your children are cared for by the people you choose after you die. But statistics suggest that only about 35% of the UK population have made a Will so if you’re one of the 65% of the population without a Will and you have children, you should seriously think about making a Will as soon as you can.

But what difference does a Will make? Actually it makes a really big difference. A Will sets out your wishes and indicates who you want to look after your children in the event of your death.

If you have no Will, there is a law that decides how your estate is divided. This is called intestacy. This covers the financial aspects of your estate but does not cover what will happen to your children. This decision will end up in the hands of a judge in a court room, which is not an ideal situation. It is difficult to know what would happen to the children in the short term until the judge decided who they should live with. In extreme circumstances, there is the possibility they would have to go into care until a hearing could be arranged. This is obviously not ideal for the children and a simple way to avoid any of this would be to make a Will.

When you make a Will, you’ll have to decide who you want to choose to be the legal guardian of your children.

If you are considering adding your parents to your Will as legal guardians, think about their age and their mobility and think realistically about whether they’ll cope.

Finally, think about where the potential legal guardian lives. If they live abroad or at the other end of the country, how will that work in practice? There may be legal issues with appointing a guardian who lives outside of England and Wales, so give this some thought.

If you don’t have a Will, make an appointment with a professional to make one as soon as you can. This will give you the security that your family will be cared for should circumstance mean that you are unable to yourself.

Call our Private Client team now on 01264 353411 or email us: wills@bsandi.co.uk or fill in our no obligation, online enquiry form and we will be happy to help.


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Find out more about how we can help you in your circumstances by contacting us. You can call us on 01264 353411email us at info@bsandi.co.uk or complete our online enquiry form.