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When someone dies without a will and leaves minor children, the intestacy rules direct that the children's inheritance is held on a statutory trust. The children cannot simply receive their money — the law steps in to protect it until they are adults. But the statutory trust is rigid, and without a will, parents have no control over how that money is managed or who manages it.
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Under the intestacy rules, any inheritance belonging to a child under 18 is automatically held on a statutory trust. The key features of this trust are:
Who acts as trustee? Typically, the surviving parent (if they are the administrator of the estate) acts as trustee. If both parents have died, another eligible adult must be found. If no suitable adult is available, the court may appoint the Public Guardian or a professional trustee.
The statutory trust under intestacy is a “statutory trust for sale,” which means it has a default duty to sell assets (such as property) rather than to hold them. This can conflict with a family's desire to keep the family home.
Under the Administration of Estates Act 1925, the inheritance rules work the same whether the children are adults or minors. The difference is in how the inheritance is received:
For the full intestacy overview, see our main intestacy guide. For the married-with-children scenario specifically, see our guide on dying without a will when married with children.
This is one of the most significant reasons why parents must make a will. Only a will can appoint a guardian for minor children. Without a will, there is no guardian appointment — and if both parents die, or if the surviving parent later dies without a will, the court must decide who looks after the children.
The court will make a decision based on the best interests of the children — which is the right outcome — but it may not be the person the parents would have chosen. Grandparents, aunts, uncles, or family friends who the parents trusted most will have no special legal standing unless appointed by a will or court order.
A guardianship appointment in a will is not legally binding on the court — the court always considers the children's best interests — but it carries very significant weight and will usually be followed unless there are compelling reasons not to.
If one parent has died and the other is alive, the surviving parent has first priority to apply for letters of administration. They will typically act as both administrator of the estate and trustee of any statutory trust for the minor children.
If both parents have died without a will, another eligible adult must apply. This will typically be the person who has taken on responsibility for the children — a grandparent, aunt, uncle, or other family member. They will need to establish their eligibility to act.
If all children are under 18 and there is no other eligible adult, the court must be involved to appoint an administrator. See our guide to applying for letters of administration.
The family home creates the most practical complexity in minor children intestacy cases. If the home is held as joint tenants between the two parents, and one parent dies, the home passes by survivorship to the surviving parent — no issue.
But if the home is held as tenants in common, the children may be entitled to a share of the deceased parent's half. The statutory trust for sale means there is a default obligation to sell the property — though courts can override this where the surviving parent and children need to continue living there.
In a sole parent family (both parents dead or one never on the title), the home forms part of the estate and the children's interest is held on trust. The trustee must decide — usually with legal advice — whether to sell or retain the property in the children's interests.
When the surviving parent is both a beneficiary under the intestacy rules (receiving the statutory legacy) and the trustee for the minor children's share, there is a structural conflict of interest. The parent may be tempted to manage the trust in ways that benefit themselves rather than the children.
The law does not prevent this arrangement, but the trustee has strict duties — they must act in the best interests of the children at all times, invest prudently, keep records, and eventually transfer the funds on the children's 18th birthdays.
A will with independent trustees — such as grandparents or trusted family friends — avoids this conflict entirely.
For parents with minor children, a will is not a “nice to have” — it is urgent and important. A well-drafted will for parents with minor children should:
Mirror wills for two parents with young children typically cost £400–£800 from a solicitor — a small sum compared to the protection they provide. See our guide to writing a will in the UK in 2026.
If you die married with no children and no will, your spouse inherits your entire estate. How the intestacy rules work, what documents are needed, and next steps.
Married with children and no will? Your spouse gets £322,000 plus personal chattels plus half the remainder. Children share the other half. Full UK intestacy rules explained.
Unmarried partners have no automatic inheritance rights under UK intestacy law — regardless of relationship length. What happens to the estate, and what you can do.
Long-term cohabiting partners have no automatic inheritance rights in England and Wales. What the law says, what you can claim, and how to protect your partner.
When someone dies without a will and no surviving spouse, children inherit equally. How UK intestacy rules divide the estate between children, and what to do next.
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