Planning for Your Children’s Future: What Happens If You Die?

March 13, 2026

Thinking about what will happen to your children when you die can feel overwhelming, but planning ahead is one of the most powerful ways to protect them.

Do you need to appoint a guardian?

If your children are over 18, a guardian does not need to be appointed for them, and you can choose to financially benefit them.  However, if your children are under 18, they are legally considered minors and there is much more to consider as set out below.

Care of your children when there is a surviving parent

If the surviving parent has parental responsibility for that child, they will usually take over care automatically unless there are safeguarding concerns or a court decides that this is not in the child’s best interests.

If the surviving parent does not have parental responsibility, your appointed guardian will usually step in, but the surviving parent may still be able to apply to court.

Care of your children when there is not a surviving parent

Once of the most important decisions is who you appoint to care for your children in the event of your death if there is no surviving parent with parental responsibility.  In your Will, you can appoint a guardian who will step in to look after your children if there are no surviving parents.  A guardian can make decisions about the education, health and day-to-day care of your children and therefore it is vital that you choose someone who you trust to make these decisions.  It is also important to speak to these people prior to making this decision to ensure it is something they would be comfortable to do.

If you do not have a Will or choose not to name a guardian then the court will decide who is best suited to care for your children.  They will usually consider the relationship with the child, the ability to meet the child’s needs and the child’s wishes depending on their age and maturity. Whilst the court is deciding, and if no suitable person is identified, your children may have to go into care either temporarily or permanently.

How to financially support your children after death

Children under the age of 18 cannot inherit money directly.  This means that their inheritance will be placed into a Trust until the child reaches a specified age.  This is often 18, 21 or 25 and depends on whether there is a Will containing the appropriate provision.  In a Will, Trustees are appointed to manage this money and ensure that the funds are protected and invested properly.  They have the ability to draw from these funds for the child’s benefit, for example to pay for education or living expenses.  Whilst guardians can request this money for the benefit of the children, it is up to the discretion of the Trustees whether they choose to release it.

What happens to my children if I die without a Will?

If you do not have a Will, your Estate will be distributed in accordance with the rules of intestacy which may mean that your children still benefit but not in accordance with your personal wishes, there will be no tailored Trust created and no Trustees appointed meaning that money cannot be advanced to the children earlier than 18 for their benefit.  The children will automatically benefit at 18.  At the age of 18, they may not hold the desired level of maturity to inherit a large sum of money.  Additionally, stepchildren do not automatically inherit under intestacy laws so it would be important to name them in your Will.

How a Will gives you control over your assets after you die

If you have a Will, you can specify how much your children are to receive and you can place an age contingency on this inheritance meaning you can say they are to inherit at 21 for example, an age where it might be more appropriate for them to receive a large sum of money.  You can also include a letter of wishes with your Will detailing guidance for future caregivers.

In a Will, you can choose to leave a fixed sum to a guardian for the benefit of the child but this can be risky as they ultimately can use the money for another purpose.

There are also various Trusts in which you can place your money which are more flexible and can be more beneficial to your children.  Our experienced Private Wealth and Inheritance lawyers would be happy to advise you further on these.

Conclusion

Ultimately, in order to ensure that your children are cared for in exactly the way you intend, it is important to make a Will detailing these wishes with regard to guardians and financial provision.  Contact us to speak with our Private Wealth and Inheritance team for detailed advice tailored to your situation.

Graeme Black
Partner, Private Wealth & Inheritance
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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