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Welcome arrow Legal arrow sudden death arrow the estate arrow surviving child(ren)

surviving child(ren) PDF Print
What happens to child(ren) on the death of a parent?

  • If there is no surviving parent with "parental responsibility" and no appointment of a guardian has been made, then the child(ren) becomes the responsibility of the Court. 

  • Until such time as the Court appoints a guardian, the child(ren) may be taken into care. 

  • If the parent or parents have appointed a guardian, then responsibility for the child(ren)s care passes on the second parent's death to that guardian.

  • In most cases, the guardian is likely to be a person known to the child(ren) or someone who has been living with the child(ren) (e.g., a step-parent).

  • The guardian's role ends when the child(ren) reaches 18 years old. In exceptional circumstances, the guardian can be removed by the Court.  

  • A Guardian's Allowance is available to help with the cost of bringing up a child(ren) because one or both of the parents have died.
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