The loss of a child is an unimaginable tragedy that no parent, carer or family member should have to face. Alongside the overwhelming grief, there are important legal matters that must be addressed.
On National Bereaved Parents Day, we take a moment to acknowledge the pain and challenges faced by grieving families, offering guidance and support to help navigate the difficult times that follow. At Kidwells Solicitors, we are here to provide clarity on what happens legally after the death of a child.
Understanding Probate and the Estate of a Child
When a person passes away, their estate, the total of their money, property, possessions and liabilities, needs to be managed. This process is called probate.
What is probate?
Probate is the legal procedure for dealing with someone’s estate after they die. It involves validating their will if they had one, paying any debts or taxes owed, and distributing the remaining assets according to the will or the law.
For adults, estates can be complex, often involving bank accounts, investments, property and other assets. However, a child’s estate tends to be simpler, often consisting of personal belongings or small savings.
Is probate always necessary?
Probate is generally required unless the estate’s value is very small, typically less than £5,000. This threshold can sometimes apply to children’s estates more often than adults’, but it depends on the individual circumstances.
Registering the Death: A Difficult but Essential Step
One of the first practical steps after a child’s death is registering the death with the local registrar. This must be done before the funeral can take place.
This can be an incredibly painful and stressful process, as it forces families to formally acknowledge the loss. For some, it may be possible to appoint a close relative to register the death on their behalf, but this can sometimes delay receiving official documents needed for further arrangements.
The Role of the Family Court
In tragic situations where a child was in the care system, the family court may become involved after the child’s death. This can include:
Determining care arrangements for surviving siblings
Handling disputes between guardians and parents
Liaising with coroners and overseeing necessary investigations
The court’s role is to ensure the welfare of any remaining children and to support families through these complex situations.
Navigating Inquests and Investigations
When a child’s death is unexpected or occurs under certain circumstances, an inquest or criminal investigation may take place. These processes can take considerable time and may delay other legal matters such as probate.
While the wait can be frustrating, these investigations are important for establishing facts and, where necessary, ensuring accountability.
Emotional Support Versus Legal Support
At Kidwells Solicitors, we offer professional legal advice and representation. However, it is important to understand that solicitors are not counsellors or therapists. Grieving families should seek emotional support through specialised services such as bereavement counselling or support groups to help cope with their loss.
Our role is to provide clear legal guidance, manage the administrative tasks and protect your interests during an incredibly difficult time.
Why You Should Consult a Specialist Solicitor
The legal landscape following the death of a child is complex and sensitive. Engaging a solicitor who specialises in family law and probate can:
Help you understand your rights and responsibilities
Guide you through probate and estate administration
Support you with family court matters if applicable
Liaise with other professionals such as coroners or social services
Manage costs and ensure the process is as smooth as possible
How Kidwells Solicitors Can Help
We know that no amount of legal clarity can take away the pain of losing a child. However, we believe that understanding the legal process can provide a small measure of control and support when it is needed most.
If you are dealing with the loss of a child and require legal advice or assistance, please contact Kidwells Solicitors on 01432 278179. We are committed to offering compassionate, expert help tailored to your individual needs.
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