Am just in process of sorting out details for our wills before contacting a solicitor and have a couple of questions, if anyone could help me please:
- the advice seems to be to only have two guardians in order to keep things simple. My dh has suggested his parents as they have a large house and one is already retired so it would be easier for them to look after the kids. I know that guardians don't automatically look after the kids but would make the decision as to who would be best to do so and the chances are they would discuss this with my parents first although they would not be required to do so. However I would prefer it if one of each of our parents where the guardians so that both our families would definitely be involved in the decision. Is this is sensible suggestion?
- is it OK to have three executors? I want to have dh as this would be sensible if I died first, my brother in law as he lives close by so it would be easier for him to sort things out and my sister as if I died at the same time as dh someone close to me would also be involved in sorting out stuff. I would ask just dh and my sister but she lives miles away so it would be difficult for her to sort stuff out if she had to do it all on her own.
i appointed 3 guardians in my will on the off chance DH and I both died. My DB, and DH's B & S. The idea being to ensure a link is kept to both sides of the family. You might want to appoint one of your siblings as well as your parents - incase parents predecease you - and direct you would prefer your children to live with your parents. You can have as many guardians as you want for your children, like you can have as many executors as you want.
I think in our wills if I die or my DH dies but not both of us we are each others excutors - the guardians and other exccutors only kicks in if we both die - and I think but this may be complicating things but we had trustee - which was from both sides of the family and one gaurdian
Don't forget your executors can be trustees of any money you leave for your children. So trustees will have a say in the life of your dc because guardian will have to discuss any major decisions with them to release funds.
So we have SIL as guardian, DM and FIL as trustees/executors. We decided on one guardian because I don't want there to be any arguments - that would be worse for the children. We have made it clear she doesn't necessarily have to look after the children but needs to decide what is in their best interests at the time. I think if I have any particular wishes at the time - eg for them to stay at the same school if at all possible - then I will leave her a letter.
Thanks for all the replies - think we are going to go with dh's parents as guardians but hopefully put something in (or in a separate letter) to indicate we would like them to discuss serious matters with my parents. Would prefer to have siblings as conscious of age with parents but three of them don't live locally and although DH's other DB lives 5 mins away he doesn't spend a lot of time with the kids so we would not be happy at the moment with giving him responsibility for children he doesn't know well.
Have decided that will have trustees and executors as the same people - hadn't thought of doing that.