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Legal matters

securing PR after my death

4 replies

futureformolly · 13/07/2014 10:02

Sounds morbid talking about death I know. I have 5 children, 3 grown up from my first marriage, then 2 girls 10 and 6 from 2 different relationships. I now have a new partner who I have been with for 2 and a half years. My 6yr old would be catered for after my death as her father has regular contact. It is my 10yr old that I am worried about.
She only has me on her birth certificate. She has never had anything to do with her natural father and he is now in prison for a very long time. She also has learning difficulties. I have recently found out that I have a health problem which I intend to manage as best as possible but have been told it may/could result in a sudden death. My partner is more than willing to solely take her on in the event of my death, but googling PR, residency, adoption and such like is a bit of a minefield. Just wondering if anyone has any views on the best way to secure her future without spending loads on a solicitor at this point?

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prh47bridge · 13/07/2014 10:41

All you need to do is make a will naming your partner as your daughter's guardian in the event of your death. They will then automatically get PR when you die. Alternatively if you marry your partner you can enter into a Parental Responsibility Agreement that would give them PR immediately.

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Gfplux · 13/07/2014 13:28

Are your parents alive, do you have brothers and sisters. If you die without a will they may be the ones who will inherit the responsibilities.
You need professional advise.

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prh47bridge · 13/07/2014 15:27

Children are not property to be inherited. There are no rules about what happens if the OP dies without making a will. If the OP dies and there is a dispute about who should look after her daughter it will be up to the courts to resolve it. Given that she is the only person who has PR, if she appoints a guardian in her will the assumption will be that the guardian will look after her daughter unless someone else challenges the position.

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mumblechum1 · 14/07/2014 10:47

OP, I'm a willwriter and second what prh47 says about making a will appointing a guardian for your 10 year old dd, but also as you mention that she has learning difficulties it may be appropriate to include a disabled person's trust.

This type of trust, instead of giving your dd her money directly, holds it in a trust on her behalf. This would mean that an unscrupulous person can't persuade her to give them her money, and that she remains eligible for means tested benefits, and also that someone will, for her lifetime, use her share of her money for her benefit including, for example, purchasing or renting a property for her, paying for care, but also things like furniture, a car and taking her on holiday.

If you want any more info, feel free to PM me.

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