What will happen to my child after I die?

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.

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.

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.

How to get a will

In general, your options for writing a will include:

writing it yourself
using a regulated professional to be your will writer
using an unregulated professional will writer

To find a solicitor to set up a will in the UK, use The Law Society's "Find a Solicitor" website, selecting "Wills and probate" as your legal issue. Look for firms with the Wills and Inheritance Quality Scheme (WIQS) accreditation for high standards. You can also search via the National Will Register.

What to consider when buying will writing services

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.

How to get a will

In general, your options for writing a will include:

writing it yourself
using a regulated professional to be your will writer
using an unregulated professional will writer

To find a solicitor to set up a will in the UK, use The Law Society's "Find a Solicitor" website, selecting "Wills and probate" as your legal issue. Look for firms with the Wills and Inheritance Quality Scheme (WIQS) accreditation for high standards. You can also search via the National Will Register.

What to consider when buying will writing services

A trust is a legal way of managing money, property or investments for someone. It protects those assets so they can be used when your child needs them.

Instead of giving money directly to your child, the money is placed into a trust and looked after for them.

How a will and trust work together

You can:

Set up the trust during your lifetime
Include the trust in your will

When you die, money or property from your estate (everything you own) can be paid into the trust.

You can also add money to the trust while you are alive if you wish.

Types of trust often used

Discretionary trust

Trustees decide how and when money is used
Flexible and can adapt as your child’s needs change
Can support your child throughout their life

Disabled person’s trust

Similar to a discretionary trust
Has different tax rules
Must meet certain eligibility criteria (for example, receiving certain benefits)

A legal or financial adviser can help you decide which is best.

Key roles explained simply

Your child (the beneficiary): the person the trust is for
You (the settlor): the person who sets up the trust and puts money into it ]
Trustee: the person or organisation who manages the money and decides how it is used

Trustees must always act in your child’s best interests.

A Trust is a legal document so it’s important to seek the right legal advice to ensure you are selecting the right Trust for your own individual and family circumstances.

To find a solicitor for setting up a trust in the UK, you can use the Law Society's "Find a Solicitor" database to search for specialists in "Wills, trusts and probate".

Charities like Mencap and Scope offer advice, and in some cases, services to help set up trusts (such as a discretionary trust or disabled person’s interest trust) to protect assets or compensation for a vulnerable person.

A trust is a legal way of managing money, property or investments for someone. It protects those assets so they can be used when your child needs them.

Instead of giving money directly to your child, the money is placed into a trust and looked after for them.

How a will and trust work together

You can:

Set up the trust during your lifetime
Include the trust in your will

When you die, money or property from your estate (everything you own) can be paid into the trust.

You can also add money to the trust while you are alive if you wish.

Types of trust often used

Discretionary trust

Trustees decide how and when money is used
Flexible and can adapt as your child’s needs change
Can support your child throughout their life

Disabled person’s trust

Similar to a discretionary trust
Has different tax rules
Must meet certain eligibility criteria (for example, receiving certain benefits)

A legal or financial adviser can help you decide which is best.

Key roles explained simply

Your child (the beneficiary): the person the trust is for
You (the settlor): the person who sets up the trust and puts money into it ]
Trustee: the person or organisation who manages the money and decides how it is used

Trustees must always act in your child’s best interests.

A Trust is a legal document so it’s important to seek the right legal advice to ensure you are selecting the right Trust for your own individual and family circumstances.

To find a solicitor for setting up a trust in the UK, you can use the Law Society's "Find a Solicitor" database to search for specialists in "Wills, trusts and probate".

Charities like Mencap and Scope offer advice, and in some cases, services to help set up trusts (such as a discretionary trust or disabled person’s interest trust) to protect assets or compensation for a vulnerable person.

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.

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.

The trustees will not know your young person or adult child like you do. It will help them and those who may need to care for them if they know exactly what has to be done each day.

You could keep a log of the food and drinks that your young person or adult 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 young person or adult child when you are gone.

This is a document where you explain:

What your child enjoys
Their needs and preferences
The people important to them
Your hopes for their future

It is not legally binding, but it helps guide the trustee’s decisions.

You can update this letter at any time.

The trustees will not know your young person or adult child like you do. It will help them and those who may need to care for them if they know exactly what has to be done each day.

You could keep a log of the food and drinks that your young person or adult 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 young person or adult child when you are gone.

This is a document where you explain:

What your child enjoys
Their needs and preferences
The people important to them
Your hopes for their future

It is not legally binding, but it helps guide the trustee’s decisions.

You can update this letter at any time.

Money in the trust can be used for things that improve your child’s quality of life, such as:

Daily living costs
Activities, hobbies or holidays
Equipment or support services
Housing costs or improvements

Each request is considered based on your child’s needs and best interests.

If you have chosen to write a Letter of Wishes, it will be used to help the trustees decide what is in your young person's or adult child's best interests.

Money in the trust can be used for things that improve your child’s quality of life, such as:

Daily living costs
Activities, hobbies or holidays
Equipment or support services
Housing costs or improvements

Each request is considered based on your child’s needs and best interests.

If you have chosen to write a Letter of Wishes, it will be used to help the trustees decide what is in your young person's or adult child's best interests.

You can choose:

A family member or friend
A professional (such as a trust company)

Things to think about:

Being a trustee is a long-term responsibility
The role includes legal and financial decision-making
Circumstances can change over time

Some families choose a professional trustee because they:

Offer experience and continuity
Are not affected by personal changes
Can manage complex situations

You can choose:

A family member or friend
A professional (such as a trust company)

Things to think about:

Being a trustee is a long-term responsibility
The role includes legal and financial decision-making
Circumstances can change over time

Some families choose a professional trustee because they:

Offer experience and continuity
Are not affected by personal changes
Can manage complex situations

Get advice
Speak to a solicitor or financial adviser about the best type of trust for your family
Set up the trust
Complete the legal paperwork
Write your Letter of Wishes
Share your knowledge and hopes for your child
Update your will
Make sure it includes the trust
Keep things under review
Update your plans if your child’s needs or circumstances change

Get advice
Speak to a solicitor or financial adviser about the best type of trust for your family
Set up the trust
Complete the legal paperwork
Write your Letter of Wishes
Share your knowledge and hopes for your child
Update your will
Make sure it includes the trust
Keep things under review
Update your plans if your child’s needs or circumstances change