Are you a parent to a child under 18? Are you separated from your child’s mother/father? Do you have a Will?

Danielle Wane

Senior Associate Solicitor

Sadly, we see a lot of cases, where a person has passed away, leaving no Will. This can cause a host of problems. Not only are the relatives of the deceased left grieving the loss of their loved one, but there can also be added complications.

Beneficiaries under the Intestacy Rules

The children of the deceased would inherit under the intestacy rules if the deceased died leaving no spouse or civil partner.

If you are separated from your spouse or civil partner at the time of your death, they will still inherit under the intestacy rules, which is another reason why it is so important to make a Will and sever any joint assets. Especially if you would prefer for your children to inherit.

If you are not married, but in a relationship, your surviving partner would not inherit under the intestacy rules. Which is another reason why it is important to prepare a Will.

Administering the Estate

If there is no valid will and under the intestacy rules, the children are set to inherit, the surviving parent of the children are responsible for dealing with the estate. The surviving parent is responsible for looking after the money and holding it in trust for the children until they reach 18.

If the relationship with the surviving parent was not amicable with the deceased, or the deceased had children with more than one person, this would still mean they would be entitled to deal with the estate and the other co-parent would have to join to administer the estate. This could result in multiple ex-partners (surviving parent of your children) having to work together to administer your estate.

Some people would not want this to happen and would prefer for an entrusted person to deal with and administer the estate after they had passed away. This is why it is so important to prepare a Will and appoint an Executor to deal with the estate.

Testamentary Guardian

It is extremely important to appoint a Testamentary Guardian in your Will. This will enable you to appoint someone you trust to look after your children if you die. If you don’t appoint a guardian, there is a risk that the courts would decide who will look after your children in the event of your death.

Appointing a Testamentary Guardian in your Will allows you to include your wishes on how you would want your children to be raised.

Please get in touch for a free first consultation to discuss your Will.