ExH has died do I need to rewrite my will?

[ThreeDaughtersLoveSandwiches]

I have a will that states the guardians of my DC are two of my friends and if anything were to happen to me they are to live with one of them. It says that this is due to them not having much of a relationship with exH.

That is the only reference to exH in the will, can I just leave it or does it need to be written?

Thanks.

[exoticfruits]

I would have thought that you were on dodgy ground while he was alive because I am sure that he could have contested it if he wished -as the parent. You can now do as you like, it would be worth updating it for peace of mind.

[deepfriedsage]

I would leave the will alone. Attach a note whitnessed by two stating the ex has passed away. How sad he didn't stay in touch

[ThreeDaughtersLoveSandwiches]

He did see them one day a week but was an alcoholic who had in the past made some dodgy decisions with regards to their safety. He lived in a pub and drank daily from midday until late at night so I don't think he would have been granted residency.

I didn't add the full details on the advice of the person writing the will as she said it is a public document and advised that I add a letter with a more detailed reason.

Thank you for your replies.

[Rooners]

I was told when writing mine that anything I said in it would be taken into consideration but that I could not control what happened after I was dead.

So basically they will take your wishes into account but they would make the decision thought to be in the best interests of the children at the time, and if that meant they thought giving custody to a reformed alcoholic parent, because he was at that point, was best for the children, then they would do so.

I would not stress it - it will be clear when the will was made and when he died. You don't need to document that I don't think.

[mumblechum1]

The guardianship appointment doesn't need to be changed. As stated, if there had been a dispute between the guardians and the father, the court would have had to decide who should have residence, and the letter of wishes stating the reason for the guardianship appointment would be one of the things considered by the court, along with the Cafcass officer's report and other evidence.

For the sake of completeness, it would be helpful to add a separate note to state that the father has died. The letter explaining the reasons for the guardianship appointment can, of course, be destroyed now.

[ThreeDaughtersLoveSandwiches]

Thank you.

I understand what you are saying about the guardians having to go to court but he was an alcoholic who had previously threatened to take his own life. Unfortunately he couldn't keep himself stable let alone 2 very young DC. It was obvious to anybody who met him that he had some very serious issues

[ThreeDaughtersLoveSandwiches]

Oh and my will doesn't say "live with one of them" it states that person A and person B will be legal guardians but they will reside with person A.

Mumblechum did my will at the beginning of this year so I think it will be correct.