What will happen to my child after I die?
You may want to plan ahead for your child or young adult's future and make sure things are in place in case they outlive you.
Making a plan for their future will ensure that your child will continue to be looked after without interruption if you die. By planning this in advance you will be able to arrange care that meets your expectations.
Make a will
Writing a will can help you address all the fears you may have about what will happen to your children when you die. You can write a will through a solicitor, using a will writing pack or using online will writing services. Whichever option you choose you should research the requirements and decide whether you are confident about writing the will for yourself or if you would like to have professional help.
The Role of a Will
A will ensures your wishes are followed when you die rather.
Find out what would happen to your estate if you die without a will
Wills must be reviewed after major life events like marriage, divorce, or significant financial changes to make sure they still reflect your wishes.
Why Planning Matters
A trust is a legal arrangement where assets are held and managed by trustees for the benefit of your loved one.
Why would you want a trust?:
- Even modest inheritances (e.g., £6,000) can threaten entitlement to means-tested benefits so if your disabled young person relies on benefits, an inheritance could mean they are no longer entitled.
- If your loved one lacks capacity, the Court of Protection may appoint a deputy—potentially undermining your wishes.
- There's increased risk of financial abuse when lump sums are received by young people with SEND without safeguards.
Understanding Trusts
- Assets (cash, property, investments) are transferred to trustees under a trust deed for your loved one’s benefit.
- Trusts can be set up during your lifetime or established by your Will.
- Properly structured trusts preserve means-tested benefits, avoid court-appointed deputies, and provide lifelong financial support.
- A Letter of Wishes (non-binding) allows you to guide trustees on how funds should be used—e.g., for hobbies, care, or holidays.
Key Roles: Executors, Trustees & Guardians
- Executor: Carries out your Will—best to appoint two or more, which could include a solicitor.
- Trustees: Typically overlap with executors but should be 2–4 trusted individuals responsible for ongoing management of the trust.
- Guardians: If you have children under 18, appoint guardians to care for them upon your death.
Written instructions
It will help your child and those who may need to care for your child if they know exactly what has to be done each day. You could keep a log of the food and drinks that your child likes and dislikes, what time they wake up and go to bed, what time they need their medication and so on. Doing this will make life easier for your child or young person and their new carer.
Care plans
A care plan is a good way to ensure that if you fall ill and are unable to care for your child, or if you die, your child will be properly looked after. Even if you have made arrangements for emergencies, it is essential to make an emergency care plan for your child's care, especially if they have complex needs.
The care plan should include your child's details, medical requirements and contact names and numbers in case of an emergency. Your local authority will help you develop an emergency care plan when they carry out an assessment for your child under the Children Act.
Read more information about emergency care planning