What happens to my children when I die?

What happens to children under 18 when you die will mainly depend on two things: whether you have named a guardian in a valid Will, and whether another parent with parental responsibility is still alive. If you have named a guardian and there is no surviving parent with parental responsibility, that guardian will usually be able to take responsibility for your children and make important decisions about their care. If both parents die without naming guardians, the court will need to decide who should be appointed. Until then, no one will automatically have parental responsibility for the children.

Parents can name guardians for their children in their Wills. A guardian is someone who is given parental responsibility for a child. In simple terms, this means they can make the kind of important decisions a parent would normally make, such as decisions about where the child lives, their education, medical treatment, and contact with other people.

What happens if I do not appoint a guardian?

If both parents die without naming guardians, only the court can appoint someone. An informal agreement with a friend or relative is not enough to give that person parental responsibility. They would only have parental responsibility if the court appoints them, makes a relevant order, or if they have already acquired parental responsibility in another legal way, for example as a step-parent.

My child has godparents will this be sufficient to ensure that they are cared for?

Godparents have no automatic legal status as guardians under English and Welsh law. Being named as a godparent does not give any legal rights or responsibilities with respect to a child if the parents die. If parents wish their chosen godparents (or anyone else) to have legal responsibility for their children after their deaths, they must formally appoint them as guardians, typically through their Wills.

If you are considering appointing guardians for your children or would like to review your existing arrangements, professional advice can help ensure your children are looked after exactly as you intend.

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