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What happens if you die without a Will ?

What happens if you die without a Will ?

July 10, 20252 min read

If you die without a Will (intestate), the law will determine who has custody of your children.

This is not scaremongering, it's facts, and I have experienced this with one of my clients and not that long ago.

I had arranged for the Wills of a couple in their early 60s, I think the grandmother was 63 and the grandfather 64, they lived close to their daughter and this meant their grandchildren spent lots of time with them, they often looked after them if Mum and Dad went away on their own.

The couple travelled away and tragically, they were both involved in a fatal car accident on their way back from Gatwick. Although my client had been reminding her daughter and husband about getting a Will, they just never got around to it and therefore there was nothing in place when they died. The children automatically remained with the grandparents, and they all assumed that would be the case.

Once the local authority found out, the children were removed and placed in temporary care as the grandparents were deemed too old! They had no rights not even access, as grandparents and it took them 18 months of fighting through the courts to even get grandparents' rights. The children remained in the system and the grandparents didn’t get them back.

Don’t let this be your story, Everyone thinks this won't happen to me, and of course, the likelihood is extremely low, but why would you take the risk?

By getting a Will in place, you will be ensuring your children are cared for according to your wishes, you are choosing individuals you trust, rather than leaving it to the courts or the rules of Intestacy.

If you are doing this with older children, talking to them about who you are choosing to be their guardian will be important so they understand why it's happening, but if you have young children, discuss this with your chosen guardians.

Making a will is usually thought of as something you do when you get older, but as soon as you have children, its something you should put immediately in place.

Book in a call with me and we can discuss how I can help.

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