62 guides
Wills, guardianship and children
Wills, intestacy and who looks after and pays for a child if a parent dies — including the family shapes the intestacy rules were never written for.
A Director's Shares When There Is No Will
Intestacy hands your shares to a spouse and young children. Where the articles of association and a cross-option agreement override that completely. →
A Letter of Wishes for the People Raising Your Children
Schooling, faith, contact with both sides of the family, spending priorities: what belongs in a letter of wishes, and which parts are only guidance. →
A Single Parent's Will: Three Appointments That Matter
A sole carer's will needs three appointments a couple's does not: guardian, substitute and independent trustees. Here is what each clause must say. →
A Will at 27 With a Toddler and a Joint Mortgage
You are in your twenties with a baby. See what the death data actually says, and the twenty-minute will that names a guardian for your toddler. →
Adoptive Parents: Does Your Will Need a Guardian Clause?
Adoption ends the birth family's legal role entirely, so an adopted child with no guardian named has nobody in the background. Here is the wording. →
Can Trustees Pay Towards the Guardian's House Extension?
The guardian needs another bedroom. When the power of advancement stretches that far, the charge-back that protects the fund, and the safer route. →
Can You Leave One of Your Children Out of Your Will?
You can disinherit an adult child, but they may bring an Inheritance Act claim. What makes one succeed, and what a fight costs your other children. →
Can You Name Two Guardians Who Don't Live Together?
Two guardians in separate homes is allowed. How joint appointments work, what happens when the two disagree, and how to fund both households. →
Can Your Ex-Wife Claim Against Your Estate?
A former wife can still bring an Inheritance Act claim. When one succeeds, what a clean break order blocks, and how long a claim ties up an estate. →
Can a Court Overrule the Guardian You Chose?
Relatives can challenge the guardian you appointed. What the welfare test weighs, when a judge decides differently, and what makes your choice hold up. →
Can the Guardian Named in Your Will Say No?
Naming someone is an offer, not an order. How a guardian disclaims the role, what the family court does next, and why funding turns a no into a yes. →
Could Your Child's Guardian Spend Their Inheritance?
Trustees hold the money, not the guardian. What maintenance and advancement powers permit, and the wording that ring-fences your child's own fund. →
Dad Died Without a Will and the House Is in His Name
Your dad died intestate and the house was in his sole name. Follow who inherits it, who can sell it, and the grant needed before anything moves. →
Divorce Does Not Cancel Your Will. It Removes Your Ex
Your final order does not tear up the will; it treats your ex as having died first. That opens two gaps, including an estate with no executor at all. →
Do You Need a Will If You Are Married With No Children?
Intestacy may already give your husband or wife everything. Four events break that overnight, and one of them is the baby you have not had yet. →
Does Your Will Cover a Child Born After You Signed It?
Naming your first child by name can leave the second one out. How class wording covers every child, and where a new baby unbalances the money. →
Civil Partnership Revokes a Will Too
Registering a civil partnership revokes your existing will exactly as marriage does. Here is the contemplation clause that keeps the current one alive. →
Does a Guardian Clause Work While the Other Parent Lives?
Your guardian clause usually sleeps while your child's other parent is alive. Here is the narrow exception, and the one thing you can still control. →
Dying Without a Will in Scotland: Prior Rights Explained
Scots law splits an intestate estate into prior rights, legal rights and the free estate. See what a spouse and children each take at every stage. →
Everything Is in Joint Names. Do You Still Need a Will?
Survivorship passes the house and the joint account, then stops. Sole accounts, pensions, the second death and your children are all still unarranged. →
Executor and Guardian: Should They Be the Same Person?
Combining the two roles is legal, but it puts someone on both sides of every payment. The conflict that creates, and the structure that avoids it. →
Funding Fifty More Years of Care After You Are Gone
Work out how many years your disabled child may outlive you, then what has to be funded across them: housing, support hours and everyday money. →
Getting Married Cancels the Will That Names Your Guardians
In England and Wales marriage revokes the will you already made, guardian appointment included. Newly married parents are often intestate unawares. →
Godparents Are Not Legal Guardians. Here's What They Are
A christening promise gives godparents no legal standing over your child at all. Here is what they can do, and the clause that appoints them properly. →
Guardian or Trustee? The Two Jobs Most Wills Confuse
One person raises your children, another controls their money. What each clause does, and why a guardian need not spend a penny of their own. →
Holding a Child's Inheritance Back Until 21 or 25
An 18-to-25 trust holds the money back, at a price. How the delay is drafted, and the inheritance tax exit charge that applies to the years after 18. →
How Does Your Children's Guardian Pay for School Shoes?
Follow the money week by week from death to grant of probate, and see which months your children's guardian funds uniform, food and fares alone. →
How a Child Arrangements Order Changes Your Guardian Clause
If a child arrangements order says your child lives with you, your guardian appointment can take effect immediately. Here is exactly when it does. →
I Have Nothing to Leave — Until the Payout Lands
A death-in-service lump sum can turn a nil estate into six figures in a fortnight. And the will was never about assets: it names your child's guardian. →
If Both Parents Die, Who Ends Up Owning the House?
Children cannot hold a mortgaged house in their own names. Here is why the family home is usually sold, and what would have to be cleared to keep it. →
If I Die, Does My Ex Automatically Get the Children?
If your ex has parental responsibility, the children will usually go to them. What no will can change, and the money route you can still control. →
If Your Named Guardian Dies First, Who Takes the Children?
Most wills name one guardian and stop there. See the odds of that person dying first, and the substitute wording that keeps a court out of it. →
In Scotland Your Child Inherits at 16, Not 18
Scottish 16-year-olds can take an inheritance outright. Why English will templates misfire north of the border, and how trusts hold the money back. →
Moving to Scotland With an English Will
Crossing the border does not void your will, but Scots succession law takes over. Which guardian and trust clauses misfire, and what to redo first. →
Joint Tenants or Tenants in Common: Which Are You?
Check your Land Registry title in five minutes. One form of ownership hands you the whole house; the other sends his share into the intestacy rules. →
Leaving the House to the Children, Not Your Spouse
Ring-fencing the house for your children is possible, and your partner can still live there. How a life interest trust works, and what it costs them. →
Lump Sum or Monthly Income for the People Raising Them?
Compare one capital sum with a monthly amount on tax, means-tested benefits, trustee workload and whether a guardian can actually budget with it. →
Naming Grandparents in Their Seventies as Guardians
Weigh healthy life expectancy against the years your child still needs raising, then use the two-tier appointment built for retired grandparents. →
Next of Kin Does Not Mean What You Think It Means
Next of kin is a hospital form phrase, not an inheritance right. A partner can sit at the bedside all night and inherit nothing the next afternoon. →
No Father on the Birth Certificate: Who Gets the Child?
A father with no parental responsibility has no automatic claim. Why your guardian appointment bites at once, and what losing your income costs. →
No Spouse, No Children, No Will: Where the Money Goes
With no traceable relatives and no will, an estate passes to the Crown as bona vacantia. Follow the route, and see how a friend is left out. →
Northern Ireland Intestacy: The Figures Are Different
Northern Ireland uses its own statutory legacy and a different spouse-and-children split. Here are the NI rules, not the England and Wales version. →
Same-Sex Parents and the Non-Biological Parent's Position
Whether the second mother is a legal parent decides everything. See where that status comes from, and what a donor or a known father changes here. →
Should You Tell Someone You've Named Them as Guardian?
Nothing obliges you to ask first, but a guardian can refuse. How to raise it, the money question to include, and what to do if they would say no. →
Should a Solicitor Be a Trustee for Your Children's Money?
Family trustees are free but conflicted; solicitors charge the fund. Compare the two, then use the mixed structure most families are better off with. →
Sideways Disinheritance: How Remarriage Cuts Out Your Kids
Leave everything to a second husband and his later remarriage can redirect the lot. Follow the chain through two deaths, and the payment that skips it. →
Special Guardianship When Both Parents Have Died
Set a special guardianship order against the guardian named in a will: court time, cost, allowances and permanence for the relative left holding it. →
Stepchildren You Raised for 15 Years Inherit Nothing
Unadopted stepchildren take nothing under intestacy, however long you raised them. The direct nomination route that fixes it without a court claim. →
The Guardian Question Nobody Asks: Can They Afford It?
Every checklist says pick someone loving. This one costs what two extra children do to a guardian's rent, car, childcare bill and working hours. →
The Sibling Who Inherits the Caring Role
When parents die, a brother or sister usually inherits the caring. Written for the sibling: what you can decline, what you cannot, and who funds it. →
There Is No Such Thing as a Common Law Wife
There is no common law marriage in England, Wales or Northern Ireland. Scotland genuinely differs, with a strict six-month deadline to bring a claim. →
What a Guardian Living Abroad Would Have to Do First
Before children could join a guardian overseas, a UK court has to agree. Here are the visa, schooling and lost-benefit costs of a move abroad. →
Where £322,000 No Longer Buys the Family Home
We mapped the frozen statutory legacy against average house prices region by region to show where a surviving spouse is now pushed into selling up. →
Who Becomes Your Son's Deputy When You Die?
Nobody automatically replaces a Court of Protection deputy who dies. Who applies next, how long the gap runs, and what a professional deputy charges. →
Who Has Your Child Before the Guardian Takes Over?
Between the police knocking and the guardian arriving, a council can hold your child under section 20. What shortens those days to a few hours. →
Who Runs a Junior ISA After the Parent Who Opened It Dies?
The registered contact role does not pass on by itself. Who the provider will accept instead, and why the money stays locked until your child is 18. →
Who Will Look After My Autistic Son When I'm Gone?
Forum threads are not a plan. The real sequence: needs assessment, housing, funding, who makes the decisions, and money that has to outlast you both. →
Why Money in Trust Reaches Children Before Probate Does
Bank accounts freeze at death. Why a payment written in trust never enters the estate, and how soon it reaches whoever is raising your children. →
Will Your Children Be Split Between Different Relatives?
Brothers and sisters are usually separated over bedrooms and budgets, not law. Here is what one household needs to keep your children under one roof. →
Would Your Wife Have to Sell to Pay the Children's Share?
Die without a will and your children take a statutory share. Here is the buy-out arithmetic, and how much cash a widow needs to avoid a forced sale. →
Your Husband Isn't the Father: Can He Keep Your Child?
Without parental responsibility a step-father has no standing against a father who has it. The two documents that change that before it matters. →
£22.95 a Week: What Guardian's Allowance Really Buys
Guardian's Allowance is paid on top of Child Benefit. Set the weekly rate against rent, food, uniform and childcare and see what it really covers. →
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