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Will, guardians and joint oroperty ownership

(9 Posts)
seoladair Sat 31-Jan-15 12:09:12

My husband is making a will, and emailed the solicitor without telling me, with names of guardians he had not discussed with me, including 2 of his relatives our child hardly knows, and excluding my brother, whom DD adores.
Isn't my signature required before anything is made official?
Btw he also hasn't asked the people he nominated as guardians!

The second part of my question is about our flat.
I didn't bother being named as a co-owner because I didn't want to be liable for the mortgage (I only work part-time since becoming a mother).
Ought i to insist on being named as co-owner?

prh47bridge Sat 31-Jan-15 12:35:51

Isn't my signature required before anything is made official?

No. It is his will, not yours. If you both die and there is a dispute as to where your daughter lives it will be up to the courts to decide what is in her best interests.

Ought i to insist on being named as co-owner?

The lender may insist on you being jointly liable for the mortgage if you insist on being a co-owner. Whether or not you are a co-owner of the flat makes no difference to your entitlement should you divorce or if your husband dies.

seoladair Sat 31-Jan-15 12:41:10

Thank you. Is there a case for making a joint will?

caroldecker Sat 31-Jan-15 13:38:20

You cannot make joint wills, as they only apply to one death. His choice of guardian is only relevant if you die first, and he can change his will after your death anyway.
AFAIK if you both die together, such as in a car crash, the oldest is deemed to have died first.

seoladair Sat 31-Jan-15 13:41:16

I am the oldest by a few weeks. So it's really important that we agree on guardians. Thank you for that.

AnonyMuse Sat 31-Jan-15 19:03:07

Both a mother and father can appoint guardians (by their Wills or by a separate document). If both parents die before the child reaches 18 then the appointments of guardians by both mother and father will take effect, regardless of the order or timing of the parents' deaths. If the guardians cannot agree eg on where the child should live, the Court will decide. It is not necessary to ask a person whether they are willing to act as guardian, and whether or not they have agreed to be named as guardians they don't have to take up the appointment if the parents die. But it is sensible to ask them. It is also desirable, but not essential, for the parents to agree who they will appoint as guardians. Most parents appoint the same guardians to minimise the risk of disputes after their deaths.

VegasIsBest Sat 31-Jan-15 19:14:58

I've seen your other thread as well. Regarding the point about not having your name on the mortgage - has your husband got life insurance to cover the mortgage if anything happened to him? This would be sensible as otherwise you could face loosing your home if you couldn't pay the mortgage from your part time earnings.

seoladair Sat 31-Jan-15 21:29:03

That's a great idea about getting life insurance for mortgage. I will tell DH about this. Thank you.
Anonymuse, thank you for all your good advice on both threads. Greatly appreciated.

AnonyMuse Sat 31-Jan-15 22:57:59

Seoladair- pleasure, it's my thing. Do PM me if you like and if you tell me where in the country you are, if I know of a suitable firm in that region who might be able to help you I'd be happy to make a suggestion.

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