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Legal matters

Wills?

6 replies

Chloebw · 04/04/2014 15:50

I'm wondering if anyone can help with this. I am only 23 so don't have many assests yet but I'm a single mum to 9 month old dd. I have had a thought in the back of mind that if something happened to me there would be a nasty legal case over custody of my daughter with my parents and her dad. I would always want her care to go to my parents. How can I insure this? Do I need to write a will, if so how do I go about doing this?

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mumblechum1 · 04/04/2014 16:42

What would happen depends initially on whether your daughter's dad has parental responsibility; was he named on the birth certificate?

If there was a dispute then the court would be asked to make a decision on what was in your daughter's best interest. If you have appointed a guardian in your will, this would be a clear message but if your ex has parental responsibility and there was a dispute, the court would not be bound by the appointment of the trustee.

It's always a good idea to write a will because apart from the guardianship aspect, the chances are that by the time you die (statistically when you're in your eighties Smile), you will have accumulated some assets.

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Chloebw · 04/04/2014 17:10

Hi, no he's not named so kind of invisaged a messy dispute for my parents if something awful did happen. Is it worth getting one written up for a "just in case" senario?

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mumblechum1 · 04/04/2014 17:46

I would say definitely, for the reasons set out in my post above, but I'm a professional will writer and would say that!

Feel free to ask more questions or PM me if you'd like to keep it private.

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Chloebw · 06/04/2014 12:54

Mumblechum1 I can't work out how to send private messages! Do you know much about Scottish law and how that varies? Am I able to just write a will up myself I.e a word doc sign it and give it too the family solicitor?

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mumblechum1 · 06/04/2014 15:56

Hi OP, if you are in Scotland unfortunately you need to see a Scottish solicitor or will writer.

Will writing is not that simple, you do need to make a proper will, so I suggest that you look at the Institute of Scottish Willwriters to find a local lawyer who will go over everything with you.

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Chloebw · 06/04/2014 16:12

Thanks- that's all I needed pointed in the right direction!

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