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  1. #11
    SuperGranny's Avatar
    SuperGranny is offline Worlds best grandma! Winner 2012 - Most Helpful Member
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    I will just point out that even what is stated in a will can be contested by grandparents and or other parties. Godparents for the christening are not automatically the legal guardians. They are two different roles, can be the same people, but the choice of legal guardian is more important in the settling of a will. marie.

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    Any will can be contested. But it's the best evidence of what the person wanted to do at the time they made it.

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    God parents are totally different to legal guardians. We just did our wills and appointed my brother and SIL as our children's guardians, should something happen to us.

    If there is no will in place, the children will likely go to the maternal grandparents.

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    I have a feeling if DS were left to someone (including my dad and stepmum) my MIL would contest it no matter what. I think she is a little more reasonable to him going to my partners cousin.
    I'd hate for our son to be dragged throw courts and prefer he be with the people we feel comfortable.

    In saying that my MIL is a really lovely person but I just think she would be the type to want him with her. Regardless of what we say.
    She hasn't taken care of him by herself at all. Luckily she is 12 hours away so I don't have to feel obliged. My father has taken DS on holidays with him for a few days which I feel comfortable with.

    If we were to assign legal guardians what would the chance be of a court siding with my MIL and giving him to her?

    It does make me nervous that she could possibly get him if something did happen to us.

    DP is against christening and baptising etc. so we haven't done anything like that.

  5. #15
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    TheGooch is offline Winner 2014 - Newbie of the Year
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    We have just done our wills before bub is born.
    We have set guardians (provided for 2 options in the will) and sorted out a trust for our bub if something happens to one of us. But also if something happens to both of us, everything we have goes to bub - with the proviso that funds can be used for the care and education of our bub. There are trustees from both families to determine that.
    It's kind of a morbid topic but so important. We have also made it very clear to everyone what will happen so there's no confusion.

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    Quote Originally Posted by SimmyN View Post

    If we were to assign legal guardians what would the chance be of a court siding with my MIL and giving him to her?
    Almost none. As long as you were in sound mind when you made your Will, and the legal guardians you have appointed are not someone the court would see as unfit parents, they will allow your Will to stand.

    Contesting a Will is a lengthy and expensive process. It's been deliberately made that way because otherwise there would be no point in making a Will anymore - no-one would have any faith that their wishes would be complied with.

    It sounds like the guardians you have chosen are willing and able to take on the role if need be. (PS: Well done for taking the initiative to think about this, you'd be surprised how many people don't really give it any thought, and how many people don't have a Will - that includes about 80% of the lawyers in my office!! )


 

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