Mums Without a Backup Plan: What Happens to Your Children If You Die Without a Will?

It’s a thought no parent wants to entertain—what would happen to your children if you were no longer around? While we often assume our loved ones will know what to do, the reality is far more complicated. Without a Will in place, the law—not your personal wishes—will dictate your children’s future, and that can lead to unsettling consequences.

Imagine this: You’ve remarried, your children are thriving in a stable, loving home, and their biological father is no longer in the picture. Then, the unexpected happens. In the absence of a Will, the courts must decide who will raise them, and suddenly, their future is out of your hands.

Who Will Care for Your Children?

When a parent passes away without a Will, legal guardianship isn’t automatically assigned to the stepparent who has been raising the children. Instead, the following can happen:

• Their biological father could be contacted – If he still has parental responsibility (which he may have if he was listed on the birth certificate or had a legal agreement), he could gain custody, even if he’s been absent for years.
• Your spouse does not automatically become their guardian – Even if they’ve been a loving parental figure, they would have to apply for guardianship through the courts.
• The decision could be left to social services – If there’s no clear legal guardian, social services may need to intervene, leading to uncertainty and distress for your children.

What Happens to Your Estate?

The financial aspect is just as critical. UK intestacy laws determine who inherits your estate if you pass away without a Will. Here’s what typically happens:

• Your spouse inherits up to £322,000, plus half of anything beyond that.
• Your children inherit the remainder, but only when they turn 18.
• If you had specific wishes regarding how your assets should support your children—such as covering education costs or ensuring financial stability—they may not be carried out.

Why You Need a Will—Now

A Will is more than just a legal document; it’s a way to protect your children and ensure their future is secure. Here’s what it allows you to do:

• Appoint a guardian – Choose someone you trust to raise your children according to your values and wishes.
• Ensure financial security – Set up trusts or specific provisions so their inheritance is used responsibly.
• Reduce legal complications – Prevent lengthy court battles and disputes over custody or inheritance.
• Provide peace of mind – Give yourself and your family the reassurance that everything is taken care of.

How Soteria Planning Supports You – Step by Step

At Soteria Planning, we understand that every family is unique. Our team of experienced Will writers come from all walks of life—including single parents, blended families, and those who are not married—so we truly understand the importance of getting this right. Here’s how we help:

1. Understanding Your Situation – We start with a conversation to understand your family dynamics, financial situation, and your wishes for your children.
2. Exploring Your Options – Whether you need to appoint a guardian, set up a trust, or outline financial support, we walk you through every possibility.
3. Drafting a Bespoke Will – Our experts draft a Will tailored to your needs, ensuring your children are cared for by the right person and your assets are distributed according to your wishes.
4. Making It Legally Binding – We guide you through the signing process, ensuring your Will is legally sound and valid.
5. Future-Proofing Your Plans – Life changes, and so should your Will. We offer ongoing support to update your Will as your family’s circumstances evolve.

Take Action Today

No parent wants to think about these scenarios, but planning ahead can make all the difference. At Soteria Planning, we specialise in helping families put legally binding plans in place to protect what matters most.

Don’t leave your children’s future to chance—contact us today for a free consultation and take the first step toward securing their well-being.