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settle a disagreement about will/legal guardianship

9 replies

CarefullyAirbrushedPotato · 28/03/2017 22:25

Sorry this isn't exciting at all, but when looking into making a will and appointing legal guardians for our children should the worst happen I've been informed that I can't name someone who doesn't reside in the UK.

Dh says this is tosh.
Neither of us can find reference to relevant law to confirm either way.

Any pointers?

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KERALA1 · 28/03/2017 22:31

Not aware of any such restriction. Might be sensible to do a side letter confirming that you would both be happy for your dc to go and live in that country with the guardian. Not essential to do this though.

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WildKiwi · 28/03/2017 22:33

Who informed you? Are you getting a solicitor to draw up your will because they should be advise properly.

Main issue I can see arising is that if the worst happened your children would most likely have to move to the country where their guardian resides (assuming the guardian wouldn't want to move to the UK to look after them). Would that be a problem?

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Birdsgottaf1y · 28/03/2017 22:36

Whose going to look after your children, from the day that you die?

A will isn't read on death. The children won't be able to leave the UK without SS checking the situation out and it still could be ruled that they don't go.

Is it a close family member that you are naming?

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Birdsgottaf1y · 28/03/2017 22:39

But to answer your question, you can state a preference for the person outside of the UK, but it doesn't mean that, that will happen.

You'll have to make immediate plans and a long term wish.

However, the Parents wishes aren't always followed, even when naming someone from the UK.

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CarefullyAirbrushedPotato · 28/03/2017 22:48

Neither of us want to name any family member, they are mostly elderly or distant.
I am given to understand that this might also prove to be an issue.

In the event of some catastrophe we have local friends who could step up in the short term, until an elderly grandparent can get here , if one is still alive

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Birdsgottaf1y · 28/03/2017 22:52

So who are you naming from outside the U.K. And what Country?

The plan for a family friend is fine. They need to know the ins and outs of the plan, so they can immediately put themselves forward, for temporary, stable care. If they are local and the child can remain in school etc, that is best. That applies in the case of serious injury to yourself.

Any blood relative can also put themselves forward, to the Court, as a long term Carer.

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Expatosaurus · 29/03/2017 05:40

What do you expect will happen?
This person will immediately return to the UK to look after your dC?
That they personally won't look after the DC but as guardian will ensure they are in the best place?
Do your children have the right to go and live in the other country with this person? Do they speak the language?

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sashh · 29/03/2017 06:34

My parents wills stated that my brother and I should go to our aunt in Australia if anything happened to them but that was a number of years ago.

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CarefullyAirbrushedPotato · 03/10/2017 21:33

"Any blood relative can also put themselves forward, to the Court, as a long term Carer."

Wow, that's terrifying! Do they have to be known by the children? Or will any random do? I have a lot of random siblings for example, but none of them can have my kids