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    Question Question....Legal guardianship in case of death.

    Hi everyone,

    In the last year, I have often been thinking about my son's guardianship in case I pass away before he turns 18.
    I am not a Catholic so I don't have God parents. (Though my understanding is that having God parents, doesn't automatically mean they will get care of your child if you pass anyway).
    So I need to somehow make an official record or note on who I want to get full legal guardianship of DS.
    Does anyone know how I do this? Do I go to my solicitor and have a clause added to my will?
    DS will not go to his father as his father isn't on the birth certificate, so I want him to go to my parents instead.

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    When we had DS we updated our will to include that all assets are put in a trust in his name, to be managed by my sister & her husband who will also be his guardians. We also put a clause in it that the trust money could be used for the greater good of their family, as long as it includes DS -- ie they can use the money from our house to go towards their mortgage, given that DS would live there too, etc.

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    Hi misschief.

    Yes, you add it to your Will. I am thinking this is the only way. I don't think Godparents means anything now in relation to who has the kids if both parents die.

    This is something that hubby and I have yet to do. We have to do our Wills.

    Goodluck!

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    Godparents are just to continue the child's religious education if you weren't able to.

    It needs to be added to your will. I am not sure how it works with the other biological parent though. He might not be on the birth certificate, but does he know he's he father...might be able to contest the will if he has contact with your child.

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    Yes you need to write it into your will. DH and I wrote into ours that any children resulting from our relationship were to go to xxxx in the event of both of our demise.

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    Yes you need to see a solicitor as a will is not enough if someone wants to contest it in court.

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    Quote Originally Posted by 79me View Post
    It needs to be added to your will. I am not sure how it works with the other biological parent though. He might not be on the birth certificate, but does he know he's he father...might be able to contest the will if he has contact with your child.
    His father has never met him. He put me into hospital at 9 weeks of pregnancy and that is the last I spoke to him. I only saw him twice in court after that. I have moved since and I doubt he knows where we live these days.
    So I am not at all concerned about him contesting anything.

    Yet after reading your replies here, I will definitely be ringing my solicitor and making an appointment to add a clause to my will.
    Or at the very least discuss with her what the best legal way is to make sure my "will" is done when it comes to DS's care.....

    Thanks for your replies ladies. It's much appreciated

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    Quote Originally Posted by Newbie79 View Post
    When we had DS we updated our will to include that all assets are put in a trust in his name, to be managed by my sister & her husband who will also be his guardians. We also put a clause in it that the trust money could be used for the greater good of their family, as long as it includes DS -- ie they can use the money from our house to go towards their mortgage, given that DS would live there too, etc.
    It is my understanding that your nominated guardian(s) in your will is not binding but simply informs the courts of your wishes. If others contest this then it might result in other arrangements being made. I would also suggest that you allow for that unfortunate possibility by specifying whether or not the trust may be used to fight for custody of DS if it is in dispute or awarded to someone else.

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    Quote Originally Posted by lulu 2 View Post
    Yes you need to see a solicitor as a will is not enough if someone wants to contest it in court.
    I never knew this. Why do we bother doing a will then? My DD is left to my parents should the worst happen to my DH and I. Does that mean it can be contested?

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    Quote Originally Posted by angewah View Post
    I never knew this. Why do we bother doing a will then? My DD is left to my parents should the worst happen to my DH and I. Does that mean it can be contested?
    I think this is something you need to pick up with your solicitor. I will be ringing mine on Monday. I don't think assets can be contested, but perhaps guardianship can in certain cases. Not sure if this is the case with you though, seeing as both biological parents agree with who gets guardianship if the worst happens to them.....


 

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