What happens to my children when I die?

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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.

Book your appointment today by contacting one of our offices:

  • Saffron Walden: 01799 523 441
  • Haverhill: 01440 702 485
  • Sawston: 01223 832 939

You can also visit our website and get in touch via our Enquiries Form

What happens when a landlord dies?

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When a landlord dies, it can leave both tenants and family members unsure about what happens next. The key point is that the tenancy does not automatically end. In most cases, the tenant keeps the same rights and responsibilities, and someone else steps in to manage the property while the landlord’s estate is dealt with.

The tenancy continues

A tenant does not have to leave simply because their landlord has died. The tenancy normally continues on the same terms, including the rent, repair obligations and any other conditions in the tenancy agreement.

Who takes over?

If the property was owned jointly, the surviving owner will usually become responsible for the tenancy straight away. If the landlord owned the property in their sole name, the estate will be dealt with by the executors named in the will, or by administrators if there is no will. These people are often called personal representatives.

Rent and repairs still matter

Rent remains payable, but tenants should make sure they know who is legally entitled to receive it. If there is uncertainty, it is sensible for the tenant to keep the rent safely set aside until clear payment instructions are given. Repairs, safety checks and deposit obligations also continue while the estate is being administered.

Once the personal representatives change the address for service or payment arrangements, they should give the tenants an updated Section 48 address and comply with Section 47, so that rent remains lawfully due and any future notice is valid.

If the property is sold or inherited

If the property is later sold or transferred to a beneficiary, the new owner takes over as landlord. The tenant should be given the new landlord’s name and address, together with clear information about where rent should be paid and where notices should be sent.

Practical steps

  • Landlords should ensure a Will is made to appoint executors that can step in and manage the property.
  • Appointed Executors/Personal representatives should identify themselves clearly and provide written payment instructions.
  • Urgent repairs, insurance and safety requirements should be dealt with promptly.
  • Legal advice should be taken if there is any dispute about authority, rent, possession or sale.

The death of a landlord can be unsettling, but it does not usually change the tenant’s immediate right to remain in the property. Clear communication, proper records and early legal advice can help avoid confusion for everyone involved.

You can find out more about our services to Landlords and Tenants, and download our leaflet, here Residential Landlord and Tenant Disputes Legal Services | Adams Harrison

For more information and advice on this and how this may affect you please contact our Property Litigation Team at [email protected]

Mutual Wills vs Mirror Wills: What’s the Difference?

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When couples make Wills together, the terms “mirror Wills” and “mutual Wills” are often used interchangeably. In reality, they are very different legal arrangements, and misunderstanding the distinction can have significant consequences for a family’s estate planning.

In practice, most couples who ask for “mutual Wills” actually mean mirror Wills. True mutual Wills are relatively rare because they create a binding agreement that can restrict the surviving partner’s freedom for the rest of their life.

What Are Mirror Wills?

Mirror Wills are two separate Wills containing identical or near-identical provisions. Typically, each partner:

  • Leaves their estate to the other on the first death; and
  • Leaves the estate to the same beneficiaries (usually children) after the second death.

Although the Wills mirror one another, they remain entirely separate documents. Either party can change or revoke their own Will whenever they choose, provided they have the necessary mental capacity.

This flexibility is one of the major reasons mirror Wills are so popular and recommended.

The key drawback is that nothing prevents the survivor from changing their Will after the first death.

What Are Mutual Wills?

Mutual Wills go much further than mirror Wills. A mutual Will arrangement involves a legally binding agreement between two people that neither will change their testamentary wishes without the other doing so, this becomes impossible once the first party to a mutual Will passes away.

The Wills themselves may look similar to mirror Wills, but there is an additional contractual element. Upon the death of the first person, the survivor becomes bound by the agreement and cannot later alter the ultimate destination of the assets.

If the survivor tries to depart from the agreement, the courts may intervene to enforce the original arrangement.

Mutual Wills are typically used where certainty is more important than flexibility. A common example is a blended family.

A mutual Will arrangement can provide protection against this risk by ensuring that the agreed beneficiaries ultimately inherit.

The Importance of Clear Evidence

One of the difficulties with mutual Wills is that the courts require clear evidence that a binding agreement was intended.

The fact that two Wills are identical does not automatically make them mutual.

In England and Wales, the courts generally require convincing evidence that the parties intended to create a legally binding arrangement and not merely matching Wills. For that reason, solicitors drafting genuine mutual Wills usually record the agreement in very clear terms.

The decision between making mutual Wills and mirror Wills is an important one and not one to be made quickly. If you would like to create a new Will with your partner and would like friendly and professional advice as to the advantages and disadvantages of both options that are tailored to your familial and financial circumstances, please contact one of our offices using the details below.

Saffron Walden – 01799 523 441

Sawston – 01223 832 939

Haverhill – 01440 702 485

The risks to Employers of not providing an Employment Contract.

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In the UK, employers must give employees and workers a written statement of their employment particulars. This is commonly known as a Section 1 Statement and, for most key terms, it must be provided no later than the first day of employment or engagement.

What is a written statement of employment particulars?

A Section 1 Statement sets out the main terms of the working relationship. It is not always the same as a full employment contract, but many employers choose to include the required particulars within a contract because it gives both parties a more complete record of their rights and obligations.

  • certain core terms must be provided in one main document, often called the principal statement;
  • some information can be set out in another document that the employee or worker can reasonably access, such as a staff handbook or policy; and
  • a limited number of further particulars may be provided within two months of the start date.

What are the consequences of not having a Contract?

If an employee or worker brings a successful Employment Tribunal claim and can show that they were not given a compliant written statement, the Tribunal may make an additional award of two to four weeks’ pay, subject to the statutory cap.

The financial penalty may appear modest in an individual case, but the wider consequences can be more significant. Unclear terms can lead to disputes about pay, notice, holidays, benefits, working patterns, post-termination restrictions and confidentiality.

Why is a professionally drafted Contract worth having?

A well-drafted contract does more than satisfy the statutory written statement requirement. It helps set expectations from the beginning, reduces the scope for misunderstanding and gives the employer a stronger basis for managing the relationship if issues arise. It also gives the employer an opportunity to protect the business by including appropriate restrictive covenants, such as provisions dealing with confidentiality, client relationships, staff poaching and competition after employment ends.

For employers, the safest approach is to review employment documentation before a new recruit starts and to ensure that contracts, handbooks and workplace policies work together. If your business has grown, changed working arrangements, or not updated its documents for some time, it may be sensible to review them now rather than wait for a dispute.

If you would like help preparing or reviewing employment documentation, we can advise on your business needs and help ensure they are clear, compliant and commercially practical.

Could you challenge a Will if you have been left out?

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The High Court decision in McDaniel v Talbot & Anor [2026] EWHC 928 (Ch), handed down on 17 April 2026, shows that being left out of a Will does not always mean you have no claim.

In the case, Emma McDaniel brought a claim under the Inheritance (Provision for Family and Dependants) Act 1975 after her father died leaving his estate to his widow under a 2014 Will which specifically excluded her. The Will said: “I DECLARE that I have NOT made any provision in my Will for my son Rhys Winstone whom I have never met nor my daughter Emma Winstone who I last saw about twenty years ago. I do not have contact with either of them.”

Although father and daughter had been estranged for many years, they reconnected in 2019 and developed a close relationship before his death. The court took into account Emma’s financial difficulties, her caring responsibilities, and the changed family circumstances.  The court held that the Will failed to make reasonable financial provision for Emma’s maintenance and made an award for her over £123,000 from the estate.  The claimant was held by the Court to have an income that was just at a subsistence level so that justified her financial need but was not (of itself) the triggering threshold for a payment from the Deceased’s estate. There had to be something else, ie special circumstances rather than mere financial vulnerability.

 

You may have a claim if  you are a child of the person who died, or someone they were supporting financially and:

  • You were left out of a Will, or received far less than expected
  • You are struggling financially or have significant caring responsibilities
  • The relationship had changed since the Will was written
  • The Will no longer reflects what was really happening at the time of death

Every case depends on its own facts, but this decision shows that courts do not just look at the wording of a Will. They also consider needs, family circumstances, and whether there is a fair basis for making provision.

If you believe you have been unfairly left out of a Will, it is important to get advice promptly, as strict time limits can apply to inheritance claims. A clear review of your circumstances can help you understand whether you may be able to bring a claim.  We can provide this so please contact us – [email protected]

Employment Tribunal backlog

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The employment tribunal system has been under increasing pressure for some time, with long delays leaving both employers and employees waiting a long time for claims to be resolved. Cases are taking more than double the amount of time to be concluded via the Employment Tribunal than a year ago.  As at December 2025 there were 30,784 open cases.  This is only likely to increase further with the changes brought about by the Employment Rights Act 2025.  The reason for the backlog is that there are more new cases coming through quicker than the employment tribunal system can deal with the cases it already has!

There have been some recent proposals supported by the Employment Lawyers Association.  The suggested reforms include compulsory mediation for all claims and the introduction of a three-track tribunal structure based on the value and complexity of the dispute. The aim is to deal with straightforward claims more efficiently, encourage earlier settlement where possible, and allow more complex matters to be managed with procedures better matched to their scale.

The proposals would divide tribunal claims into three categories: simpler claims under £20,000, mid-range claims managed more tightly with limits on issues, and higher-value or more complex claims handled with a more in-depth procedure and potential costs consequences.

For employers, prolonged tribunal proceedings can mean extended management time, legal cost and uncertainty. For employees, delay can mean prolonged stress and uncertainty at a time when they may already be dealing with the loss of employment or a breakdown in workplace relations.

However, these are currently only proposals. Even so, the debate highlights an important point that employment disputes are becoming more complex, and both businesses and individuals benefit from taking early advice, understanding the strengths of a case, and exploring settlement wherever appropriate.

How can we help?

If you are dealing with an employment dispute, whether as an employer or an employee, obtaining clear legal advice at an early stage can make a real difference. If you would like practical guidance and legal advice to resolve the claim then our team are here to help you take the right steps with confidence.

Transparency in Divorce Financial Proceedings: What You Need to Know

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For many years, financial proceedings following divorce took place almost entirely in private. Disputes over assets, pensions and maintenance were resolved in confidential hearings with limited opportunity for media reporting. That position has changed significantly in recent years.

Since 2024, new transparency reforms across England and Wales have allowed accredited journalists and legal bloggers to attend many financial remedy hearings. While anonymity protections remain strong, the reforms represent a notable shift in how the Family Court operates. Understanding these changes is important for anyone navigating or considering financial proceedings.

 

The New Transparency Rules

The reforms arise from the Transparency Reporting Pilot, introduced in January 2024 and now implemented across all financial remedy courts. The pilot allows accredited journalists and approved legal bloggers to observe hearings and report on what they see, with the aim of increasing public understanding of the family justice system.

Reporting, however, is only permitted under strict conditions. Judges usually issue a Transparency Order specifying what information can be published, ensuring sensitive details are safeguarded.

 

Will My Identity Be Made Public?

No. Anonymity remains central to the process.

Journalists cannot publish any information capable of identifying the parties or their children, including names, addresses, schools, places of work or business interests, or any details that could indirectly reveal identity. Cases are typically reported anonymously, often using initials (e.g., J v J).

One change to be aware of: court cause lists increasingly display the parties’ surnames, meaning the existence of proceedings may be more visible than before, even though case details remain protected.

 

Can Journalists Attend My Hearing?

In many cases, yes. Accredited journalists may attend both in‑person and remote hearings. Although attendance remains relatively rare, it is now a possibility at any listed hearing.

Where hearings involve vulnerable individuals, high‑profile parties or commercially sensitive issues, the court can impose further reporting restrictions to protect confidentiality.

 

Which Hearings Remain Private?

The Financial Dispute Resolution hearing (FDR) remains fully confidential. As a settlement-focused hearing conducted on a “without prejudice” basis, journalists cannot attend and nothing said at the FDR may be reported. Preserving privacy at this stage is viewed as essential to encouraging open negotiation.

 

Why the Changes?

The reforms form part of a wider movement towards greater openness in the family justice system. Critics have long argued that family courts are overly secretive. Increasing transparency aims to build public confidence and enable appropriate scrutiny of judicial decisions. The pilot is scheduled to run until January 2027, when the judiciary will determine whether it should become permanent.

 

A Growing Focus on Private Dispute Resolution

With greater openness in the courts, more couples are exploring alternatives such as mediation, collaborative law, or private FDR hearings. These options are entirely confidential and can offer a quicker, more private route to resolution.

 

How Adams Harrison Can Help?

Our family law team advises clients on all aspects of financial remedy proceedings, including the impact of the transparency reforms. If you would like guidance on divorce, financial arrangements, or dispute‑resolution options, please contact:

Saffron Walden: 01799 523 441
Sawston: 01223 832 939
Haverhill: 01440 702 485

Upcoming Unfair Dismissal Changes: What Employers Need to Know Now

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The Employment Rights Act 2025 (Commencement No. 4 and Transitional and Saving Provisions) Regulations 2026 (SI 2026/559) have been made, bringing into force sections of the ERA 2025 dealing with unfair dismissal changes on 1 January 2027.

Major changes to the law on unfair dismissal are on the way, and employers should start preparing now. From 1 January 2027, employees will gain protection much earlier in their employment and, in some cases, compensation exposure could increase significantly. For businesses, this is the right time to review contracts, policies, probation processes and dismissal procedures.

What is changing?

  • The qualifying period for most ordinary unfair dismissal claims will reduce from two years to six months.
  • The statutory cap on compensatory awards for unfair dismissal will be removed.
  • The right to request written reasons for dismissal will also arise earlier.
  • These reforms are expected to increase risk for employers who rely on informal processes during the early months of employment.

When do the changes take effect?

The key unfair dismissal reforms are due to take effect on 1 January 2027. Importantly, they will apply based on the employee’s effective date of termination. That means businesses should not assume current rules will continue to protect decisions made close to the changeover date. Employers should plan ahead well before the end of 2026.

Why this matters for employers

These changes mean that fair process, proper documentation and timely performance management will matter much earlier in the employment relationship. Employers should be reviewing probation periods, manager training, dismissal procedures and internal policies now to reduce the risk of claims later.

Our employment law team advises businesses on managing workplace risk, updating contracts and policies, and handling dismissals fairly and effectively. If you would like advice on how these upcoming reforms could affect your organisation, we are here to help.

Need support preparing for the 2027 changes? Please get in touch with our employment law team for practical, tailored advice.

Protecting pets under Wills

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Over 51% of UK adults own pets and the question of what will happen to those pets upon death is often not considered.

Like your household belongings, clothing, jewellery etc your pets are considered personal chattels. It is not possible to gift money to a pet under your Will.

To ensure that your pet is taken care of as you wish following your death, provision should be made in your Will.

Your Will should be clear as to which pet you are referring to in order to avoid confusion.

You should consider who you would want to take care of your pet, whether it be a family member or friend who are already familiar with your pet. Consider whether that person would be able to take on the responsibility and be willing to. It would be advisable to speak with them beforehand. Also consider a substitute if the chosen person is not able to take on your pet.

Weigh up the life expectancy of your pet and the age of the person you are going to entrust them to.

The estimated yearly cost of care for a dog is £1,200 to £1,400 and for a cat is it £1,000 to £1,200. A horse is considerably more. Think carefully about how much (if any) you wish to gift to the person who is going to take on your pet. This will depend on the type of pet and their age and health needs. The gift of money should be conditional on your pet being alive at the date of your death and the designated person taking on their duty.

It may help to include a letter of wishes regarding your pets needs and likes and dislikes.

If you do not feel able to choose a person to care for your pet, you may consider leaving it in the hands of your executors to decide. If you do not know anyone who would be suitable to care for your pet, you could consider specifying a particular animal charity to organise re-homing.

Why Sellers Must Keep Property Insurance in Place Until Completion

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When selling a property, it’s easy to assume that once contracts are exchanged, responsibility begins to shift to the buyer. However, one critical obligation remains firmly with the seller: maintaining buildings insurance right up to the day of completion.

Failing to do so can expose both parties to serious financial and legal risks.

The Key Difference: Exchange vs Completion

In a property transaction, two important milestones often get confused:

  • Exchange of contracts – when the agreement becomes legally binding
  • Completion – when ownership officially transfers to the buyer

Between these two points, there is a period—sometimes days, sometimes weeks—where the seller is still the legal owner of the property.

You Still Own the Property

Until completion takes place, you remain the legal proprietor. This means the property is still legally yours, along with all the responsibilities that come with it.

If the property suffers damage during this period—such as fire, flood, or structural issues—you are still accountable.

What Happens If You Cancel Insurance Too Early?

Letting your insurance lapse before completion can lead to serious consequences:

  1. Financial Loss
    If the property is damaged or destroyed before completion and you are uninsured, you could face significant repair or reinstatement costs out of your own pocket.
  2. Breach of Contract
    Most sale contracts require the seller to transfer the property in the condition it was in at exchange (allowing for fair wear and tear). If damage occurs and you cannot rectify it, you may be in breach of contract.
  3. Breach of your Mortgage terms
    Where a mortgage is secured against the property, failure to insure the property whilst you remain a legal proprietor would be a breach of your mortgage terms.

But Doesn’t the Buyer Have Insurance Too?

In many cases, buyers are advised to arrange buildings insurance from exchange. However, this does not remove the seller’s responsibility.  Equally, where buyers insure the property, the assumptions upon which the insurance is offered may not be correct thus invalidating the insurance.

There can be overlap, but the key point is this:  until completion, the risk ultimately remains with the seller as the legal owner, unless explicitly agreed otherwise in the contract.

How We Support Sellers

We regularly advise clients on their responsibilities during the sale process, ensuring that nothing is overlooked in the critical period between exchange and completion. Our aim is to protect your position and help your transaction proceed without unnecessary risk or delay.

Final Thought

Cancelling your insurance early might seem like a small administrative step—but it can have major consequences. Maintaining cover until completion is a simple yet vital safeguard that protects your property, your finances, and your sale.

If you’re unsure about your obligations as a seller or need guidance during your transaction, we’re here to help.