Who will look after my children when I die?

17th March 2014

As Mother's Day approaches at the end of the month, a leading Midlands lawyer suggests it is the responsibility of all parents to think the unthinkable - who will look after their children if they die?

Sarah Nineham, associate at Higgs & Sons and new mom herself, says making a will is the single most important thing parents can do in their lifetime so that in death, their children's future is protected.

Sarah commented: "In the unfortunate event of parents dying without a will, there is no set position in law as to who should care for any surviving children.

"It often falls upon social services and the courts to decide where the children should live, a process that can take several months at a time which is already traumatic enough."

Sarah Nineham specialises in private client work, with an emphasis on trust formation, wills and estate planning. She is also a fully-fledged member of STEP, the worldwide professional association for practitioners dealing with family inheritance and succession planning.

Sarah added: "A will must provide for two aspects in terms of safeguarding your children's future.

"Firstly, it must appoint the correct executors to ensure that your estate is properly administered to give your children financial support.

"Secondly, your will needs to appoint guardians to deal with the personal and welfare aspect of looking after your children. The guardians are the people responsible on a day to day basis for making decisions regarding education, welfare, medical treatments, where your children live and the manner in which they are raised.

"Whilst making a will is essential for ensuring that your assets pass in accordance with your wishes, a properly drawn up will is vital where your children are concerned."

Higgs & Sons is headquartered at the Waterfront Business Park in Brierley Hill. The firm employs more than 200 people, which includes over 100 specialist lawyers.

To find out more about making a will and protecting your children's future, call Sarah Nineham on 0845 111 5050 or email sarah.nineham@higgsandsons.co.uk.


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