What Happens to Your Children If You Die Without a Will in the UK?

There’s a conversation most parents avoid having. Not because it’s difficult—though it is—but because thinking about it feels like tempting fate.

What would happen to your children if something happened to you?

Most parents assume the answer is obvious. That their partner would obviously take over, or that their sister would step in, or that the family would just sort it out between them. That the courts would make sensible decisions based on what everyone knows you’d have wanted.

But here’s the uncomfortable reality: without a will, none of your wishes actually matter. Not legally.

If you die without appointing guardians in writing, the decision about who raises your children isn’t yours to make. It becomes a legal process—one that’s slow, often stressful, and sometimes produces outcomes that would horrify the parents involved.

This is what actually happens when a parent dies without a will in the UK, and why getting this sorted is one of the most important things you’ll ever do for your kids.

Do you automatically choose who looks after your children if you die?

No. Not unless you’ve appointed guardians in a valid will.

This shocks most parents. They assume that conversations they’ve had—”obviously you’d take the kids if anything happened to us”—carry legal weight. They don’t.

In England and Wales, only a formal appointment in a will gives someone legal authority to become your child’s guardian. Everything else—verbal agreements, assumptions, discussions at family gatherings—is legally meaningless.

If you haven’t written it down properly, it doesn’t exist.

What actually happens to children if a parent dies without a will?

When a parent dies without a will, there’s a process—but it doesn’t start with what you wanted.

If there’s a surviving parent with parental responsibility, they usually take over automatically. That’s straightforward.

But if both parents die, or if the surviving parent doesn’t have parental responsibility (which happens more often than you’d think with unmarried fathers), things get complicated fast.

Typically, children are cared for temporarily by close family members—grandparents, aunts, uncles, sometimes family friends. But this is informal. Nobody has legal authority. Decisions about schooling, medical care, where the child lives—all of these become uncertain.

If there’s disagreement among family members about who should take the children, or if nobody’s in a position to care for them immediately, the local authority may become involved. Social services aren’t trying to be difficult—they’re following child protection procedures. But it adds another layer of stress to an already devastating situation.

Eventually, the courts decide what happens based on the child’s “best interests.” They’ll consider existing relationships, stability, who can practically provide care, the child’s needs and wellbeing. They might even listen to what family members say you would have wanted.

But they’re not legally bound by your informal wishes. And the whole process takes time—weeks, sometimes months—during which your children are in limbo.

Who decides where children go if there’s no will?

The courts make the final decision if there’s no surviving parent with parental responsibility and no appointed guardians.

They apply something called the “welfare test”—basically, what’s in the child’s best interests. That sounds reasonable, and usually it is. Judges aren’t trying to make bad decisions. But “best interests” is subjective, and it might not align with what you would have chosen.

The court considers:

Who the child already has a relationship with
Who can provide stability and continuity
Practical things like housing, finances, location
The child’s own wishes (if they’re old enough to express them)
Any concerns about the proposed guardian’s ability to care for the child

What they don’t consider—because they can’t—is what you specifically wanted, unless you wrote it down in a will.

This is where family disagreements erupt. Your mum thinks she should have the kids. Your brother assumes you’d want him. Your best friend believes you’d discussed it with her. Without a will, all of these claims carry equal weight, and the court has to figure it out while your children wait.

Why naming guardians in a will matters so much

A will allows you to formally appoint guardians—the people who’ll look after your children if both parents die.

When you do this properly, courts almost always follow your wishes unless there’s a serious safeguarding reason not to. It gives your chosen guardians immediate legal authority to make decisions about your children’s care, education, upbringing, and day-to-day life.

More importantly, it gives your children certainty during the worst time of their lives. They know where they’re going. There’s no waiting, no confusion, no watching adults argue about who’s going to take them.

For most parents, choosing guardians is the single most important part of making a will. Everything else—who gets the house, what happens to savings—matters far less than who raises your kids.

What happens to your children’s inheritance without a will?

If both parents die without a will, children inherit under intestacy rules. In practice, that means:

The money is held in trust until they turn 18. At 18, they receive the full inheritance outright, regardless of the amount or whether they’re mature enough to handle it.

This creates several problems:

Eighteen might be too young. Most parents wouldn’t choose to hand a teenager £200,000 with no strings attached. But without a will, that’s exactly what happens.

Guardians struggle to access funds. If your children are young and their inheritance is locked in trust, the people actually raising them may find it difficult to access money for housing, education, or other expenses—even though technically the money exists for the children’s benefit.

There’s no flexibility. Circumstances change. A child might need money for university at 19, or to buy a house at 25, or might have special needs requiring long-term financial support. Without a will, none of that can be built in.

A properly drafted will lets you:

Decide when children actually receive their inheritance (many parents choose 21, 25, or even later)
Release money in stages
Appoint trustees you trust to manage funds sensibly
Make sure guardians can access money for housing and care
Provide for children with disabilities or special needs

The difference between “they get everything at 18” and “trustees can release funds as needed, with the remainder at 25” is enormous.

Why this is especially important if you own a home

If you own property and die without a will, your children may inherit a legal share of the house.

That might sound fine—”at least they’ll have something”—until you realise the implications:

The family home might have to be sold. If your children own part of it, and the person looking after them doesn’t, there may be no choice but to sell. Your kids could be forced to move away from their school, their friends, everything familiar, at the worst possible time.

Guardians can’t live there long-term. Even if they move in temporarily, they’re living in a property they don’t own and which might need to be sold to release the children’s inheritance.

Financial instability for everyone. The guardians you’ve chosen to raise your kids may not be able to afford to keep them in a stable home because of how the property’s tied up legally.

A will can prevent all of this by:

Allowing guardians to continue living in your home
Putting the property in trust until children are older
Giving trustees the power to sell or keep the property based on what’s best for the children

For homeowners with children, not having a will isn’t just about inheritance—it’s about whether your kids get to stay in their own home after you die.

Does it matter if you’re married, unmarried, or separated?

The short answer: guardianship always needs to be in a will, regardless of your relationship status.

If you’re married: You might assume the surviving parent automatically has everything sorted. They do—for parental responsibility. But if both of you die, you still need appointed guardians. Don’t assume you’ll go together or that one of you will survive. Plan for the worst.

If you’re unmarried: This is more complex. If the father isn’t on the birth certificate or doesn’t have parental responsibility, he has no automatic legal rights even if he’s been involved in the child’s life. Guardianship becomes even more important here.

If you’re separated or divorced: Common misunderstandings abound. Parents assume that because they have custody, they can appoint guardians unilaterally. It’s more complicated than that, especially if the other parent is still alive and has parental responsibility.

Regardless of your situation, a will removes doubt. It makes your intentions legally clear.

Choosing guardians: what should you actually consider?

Choosing guardians isn’t about finding perfect people. It’s about finding the right people for your children.

Your relationship with them. Do your kids already know and trust them? Continuity matters enormously for children dealing with loss.

Their willingness. Have you actually asked them? Being a guardian is a massive commitment—emotional, financial, practical. Don’t assume someone will do it without asking.

Age and health. Can they realistically care for young children for the next 10-15 years? Grandparents might seem like the obvious choice, but if they’re in their seventies, is that practical?

Location. Would your children have to move? Change schools? Leave their friends? Sometimes that’s unavoidable, but it’s worth thinking about.

Values and parenting style. You don’t need someone who parents exactly like you, but massive differences in values, religion, or approach can be difficult for children.

Practical ability. Do they have space? Can they afford it? (This is where a will providing financial support becomes crucial—guardians shouldn’t have to fund everything themselves.)

Backup guardians. What if your first choice can’t do it? Always appoint a second option.

You’re not looking for perfection. You’re looking for someone who loves your children and who you trust to raise them if you can’t.

What should parents include in their will?

A solid will for parents usually covers:

Appointed guardians. Who looks after the children if both parents die.

Backup guardians. A second choice in case the first can’t or won’t take on the role.

Trustees to manage money. People you trust to handle your children’s inheritance sensibly until they’re old enough to receive it.

When children inherit. At 18? 21? 25? In stages? You decide.

Protection for the family home. Can guardians stay there? Should it be sold? Held in trust?

Financial provision for guardians. Make sure they have access to funds to actually care for your children without bankrupting themselves.

Executors. Someone to administer your estate and make sure your wishes are carried out.

None of this happens automatically. Without a will, the intestacy rules decide, and they’re not designed for modern families.

Common myths parents believe

“Our family will just sort it out.”
They’ll try. But without legal authority, “sorting it out” becomes a court process that takes months and might not produce the result anyone wanted.

“The godparents automatically become guardians.”
No. Godparents have no legal status unless appointed as guardians in a will. Being a godparent is symbolic, not legal.

“The courts will know what I’d want.”
How? If you didn’t write it down, they’re guessing. They’ll do their best, but they can’t read your mind.

“We’re married, so it’s all fine.”
Marriage covers parental responsibility for each other. It doesn’t cover what happens if you both die. You still need appointed guardians.

These assumptions are completely understandable—and completely wrong.

What if you can’t decide on guardians right now?

This is the excuse many parents use for not making a will. “We haven’t agreed on guardians yet, so we’ll do it later.”

Here’s the thing: you can change your will. Guardians can be updated. But if you die without one while you’re “still deciding,” your children are left with nothing.

Make a decision now—even if it’s not perfect—and put it in writing. You can always change it later. What you can’t do is go back in time and make a will after you’re gone.

The bottom line: this is the most important thing you can do for your children

Writing a will as a parent isn’t morbid. It’s not tempting fate. It’s not dwelling on worst-case scenarios.

It’s making sure that if the unthinkable happens, your children are cared for by the people you choose, in the way you’d want, with the financial security they need.

Without a will:

The courts decide who raises your children
Your children inherit everything at 18 with no flexibility
The family home might be sold
Guardians have no legal authority
Everyone’s left guessing what you wanted

With a will:

Your chosen guardians have immediate legal authority
Trustees manage money sensibly until your children are ready
Your home can be protected
Your children have stability during the worst time of their lives
Everyone knows exactly what you wanted

If you’re a parent and you don’t have a will, this should be at the top of your priority list. Not next month. Not next year. Now.

Ready to protect your children properly? We can help you get this sorted quickly and give you peace of mind.