The Estate Registry (TER) welcomes the introduction of a statutory entitlement which applies when the mother or primary adopter of a child dies within the first year of its birth or adoption. The legislation provides for protected time away from work for the surviving partner to take on the child’s care.
The new law, the Bereaved Partners Paternity Leave (BPPL) which comes into effect from April 6th 2026, is what is known as a day one right, which means that employees are eligible from the first day of employment and no minimum period of service is required.
Howard Enders, Chief Operating Officer at The Estate Registry, says:
“In the sad situation when the mother of a young child dies within its first year, the practical challenges facing the surviving partner may feel overwhelming. This new leave entitlement will primarily allow the surviving partner to concentrate on the wellbeing of the child and allow time to enact the administration of the estate.
“The main concern in such tragic circumstances is the welfare and vulnerability of the child. But, as with any death, there is a raft of administration to be completed, there may be financial difficulties, there is grief to be processed – particularly when the death is unexpected – and the surviving partner may be less familiar with being the main care-giver.
“Most companies recognise that a staff member would not be able to give their job full attention at such a time, and statutory provision will allow the surviving partner to attend to the immediate priorities without feeling they are reliant upon the goodwill of their employer.”
Ahead of its introduction, employers should review their bereavement and compassionate leave policies and make a decision on whether they will offer paid or unpaid leave. While no other work-related benefits are affected (redundancy, pensions etc), the issue of remuneration is at the company’s discretion.
The surviving partner is entitled to take a single period of leave of up to 52 weeks, but it must be taken within 52 weeks of the child’s birth or adoption. In practice, that means that if the primary carer dies in childbirth, the surviving partner will be eligible for the maximum amount of leave. However, if the primary caregiver passes away when the child is 20 weeks old, the amount of leave for their partner is reduced proportionally to 32 weeks.
Enders continues:
“At The Estate Registry we know that bereavement can affect people and families at all stages of their lives. When young families are affected, it is important to provide support and compassion for them. We believe that this legislation will allow them space to grieve and make practical decisions necessary to their family’s welfare. “
The Estate Registry provides a suite of end-of-life admin services, including InheritNOW, LegacyNOW and bereavement notification services NotifyNOW and Settld.
TER proudly sponsors and supports the bereavement podcast Keep It Grief with radio presenter Jonny Meah and Neil Collins in which the two friends – plus guests – talk about what it feels like to lose someone you love and how it impacts your life. The weekly podcast is available on all podcast platforms, including Apple and Spotify, and on YouTube.
This article was submitted by The Estate Registry as part of an advertising agreement with Today’s Wills and Probate. The views expressed in this article are those of the submitter and not those of Today’s Wills and Probate.
