rights of kids, parents not married?

indebtedgal

Registered User
Messages
217
Question. My partner and i are not married and will not be doing so in near future methinks. We have 2 kids. I am wondering what their rights are in terms of inheritence in the event of his passing god forbid. Would his parents still be considered his next of kin and be in line to inherit over them? its awful morbid i know but it is playing on my mind. (we don't have a will made since theyt were born but plan to do so in near future)
 
If there's no will and there are children and no spouse (i.e. married spouse), then the children inherit. Someone would be appointed as trustee for minor children, which most likely would be you. You should both make wills - it's very important.
 
Hi,

There are a few potential problems if the parent of unmarried children dies.

If the mother of the children dies, and the father is not the childrens legal guardian ( which is not automatic), the father does not automatically begin the childrens guardian, because he is not the mothers next-of-kin.

This can be messy, if the mothers parents get involved. You really need to sort this out.

In the case of inheritance, if one of the parents dies intestate, their children will inherit everything, and the surviving partner will get nothing.

Again, making a will is very important.