What happens to our children if both parents died without a Will

[mommydragon]

Just that really and posting under Parenting rather than legal so more parents could see this.

I have recently come across this that in event both parents died without a Will, minor children would be taken into care by social services until courts decide who the legal guardian would be. Children would not by default live with extended family like grandparents etc. I am trying to find out more about this but can't seem to find much relating to UK. Could someone shed more light on this please?

Well SS need to investigate firstly if the closest family are capable of looking after children and secondly if they want them.

SS are very keen to place children with family. It's the best outcome.

Surely even if there is a will the children could end up in SS system until such time as family / friends are evaluated? Will depend on the circumstances I would guess.

If both parents die at the same time .... Even with a will kids may end up with SS until such time as legal guardians are appointed.

My understanding is that even if guardians are mentioned in wills it is not legally binding. Social services/the court will still check to see who would be the best people to look after the children.

Always best to have a will though

So as a single parent, if I died today, would SS whisk DD away immediately into care rather than allow her to be looked after by close relative?

I understand the need for the authorities to be so careful but what a horrific thought that a child who has just lost their parent(s) would also have to face being taken away from their wider family and home to somewhere unknown.

If the will is available immediately would they not just allow the named guardians to look after the child at their home?

If the will is available immediately would they not just allow the named guardians to look after the child at their home?

You can't place your children into soneone's guardianship via your will! You can make your wishes known but your wishes are not legally binding.

Social services are not poised, waiting to swoop in and snatch bereaved children from caring family members in the aftermath of a tragedy. But they will be involved in the process of long term provision for those children, making sure that decisions are made in the best interests of the child(ren)

Thank you for your response Rafferty. In the meantime, while the long term provision was being considered, would SS leave the bereaved child in the care of immediate family if there were no particular concerns about doing so?

Yes

Yes

Is there a time limit on how long the social services have to appoint a legal guardian? Can children stay with permission from social services with extended family until a final decision is made? It just seems wrong to separate orphaned children during first few days of immense grief from extended family that would share grief with them. Also my next of kin would get the keys to our house, why take the children away from their home to? We rent but children own a lot of the stuff here. I'm not expecting dm to pay for rent on an empty house for long. I believe children should be able to say goodbye to the house they lived in. Would social services allow this while assessing legal guardian?

A will is no guarantee of anything anyway. SIL has put in her will that DH and I will take her son if anything happens to her. Which basically means he’ll be dumped on me while DH swans off. I’ve said I most definitely won’t, as I don’t want the burden of parenting an additional child, but she’s put it in her will anyway. Most likely it’ll never be an issue, but in the event of an accident there’s no way I can be forced to parent her child, regardless of what she’s put in her will.

Practically speaking how does this work? Surely in most cases if both parents die a family member would immediately step in to help. Do SS then get involved (& how? Who would actually alert SS?). If both parents die in a crash for example & Police can’t locate any family then I can understand how SS get involved.

But surely the answer to OP’s question is to prepare a Will with instructions for care of children if both parents die, but as a PP points out, do ask the proposed guardian first.

It just seems wrong to separate orphaned children during first few days of immense grief from extended family that would share grief with them.

Where are you getting the idea that this is what happens? It doesn't!

I think it was a PP's comment up thread that gave me and others the impression that this happens.

I'm grateful to you for putting me right!

If there was a friend or relative willing and suitable to care then they’d be temporarily approved as a connected carer whilst as assessments were completed for the long term. The children would only go to a foster carer if there wasn’t anyone else.

I didn't realise that this was the case. When I was 11 my mum was diagnosed with schizophrenia & no longer able to care for me. I went to live with my grandparents. No court battle. I just went to live with them.

A friend of mine lost both her parents at 8 yrs old. She went to live with her grandmother. She never went into care, not even for a day.

I didn't realise this was the case now. Is this a new rule they've issues because I know of any people who went to live with family when their parents died & never stayed even one night in care.

There is no rule that takes automatically takes orphaned children into care @MummyBear2352

In case it’s helpful, I didn’t realise until recently that free will writing is often available via the legal services in your home insurance.

Foster carers and other care spaces are in short supply. Social services will be very keen to leave children in the care of family members whenever possible for as long as possible. In most cases, including for yourself and your friend MummyBear, this will be pretty much just a formality as they will quickly assess that it is a safe placement. There isn’t a ‘court battle’ just SS saying to the judge eg granny is fine and the judge signing guardianship to them.

Including your choice of legal guardians in your will is definitely the right thing to do. Courts only get involved if there is a dispute or objection raised to the proposed legal guadian(s)

If there is nothing in the will, then the courts will have to make that apointment, but they will still be driven by the best interests of the child. So, their starting point will likely be close family (if there are any). However, they can't know the subtleties of relationships so can't be expected to make the same choice that you would have done.

We are in the process of completing our will, we do this purely to ensure guardianship of our DS. I am led to believe DS will go to guardian named in the will.
SS will not take DS into care, if necessary,any checks will be conducted while DS resides with guardian.

I would strongly recommend getting guardianship documented, it may not be legally binding as such, but it's highly unlikely your wishes will not be followed unless the names guardians are unfit.