What happens to my child(ren) if both parents pass away without a valid Will?

A question that many parents ask us, is what would happen to their children if both parents were to pass away without leaving a Will.  Michael Wadsworth, our Wills and LPA specialist and Director of Wadsworths Solicitors, discusses this topic in this week’s blog…

“If you and your spouse die without a Will and have children together in England and Wales, the laws of intestacy will determine how your assets are distributed and who will take care of your children.

Under the laws of intestacy, if both parents die without a Will, the entirety of their assets will pass to the children but the court will appoint a guardian to take care of them until they reach the age of 18. The court will give preference to a relative, such as a grandparent, aunt or uncle, to take care of the children and if no suitable relative is available, the court may appoint a non-relative as the guardian.

As in most of the cases, if you die without a Will, the court will make decisions about your assets and the care of your children based on the laws of intestacy that may not align with your own wishes or what you believe is best for your children. Having a Will ensures that your assets are distributed according to YOUR wishes and that your children are taken care of by the people YOU choose. It is always good to have a Will in place, as it will help to avoid any uncertainty and gives you peace of mind.”

If you would like to discuss implementing a new Will or reviewing one made previously, please contact Michael Wadsworth or any of his team.