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naming guardians for child in a will

(8 Posts)
GreenGoth89 Wed 14-Sep-16 10:54:54

My partner currently doesn't have a will (as we own no property and have no savings) but I am worried that if he died my DSS (his DS) would have to go back to living with his mother as I don't have PR as of yet (as we need to get married first). Neither of us feel that's ok for many reasons but partly because if he lost his dad it would throw him massively to also lose his school, his friends, his home and me. Can he name me as his legal guardian in his will if he dies before I can get PR? He's young, fit and healthy so no worries there but we just want to make sure!

blaeberry Wed 14-Sep-16 12:20:52

What we were told was when you name someone in a will you are just stating a preference; the actual decision will be taken by courts/social services. In most cases they will go along with your request. However, unless your Dss has been removed from his mother's care by ss I can't see why her son would not return to live with her. I don't think you acquire PR just by marrying his dad either.

blaeberry Wed 14-Sep-16 12:25:15

*I mean they will go along with your preference if both parents have died. E.g. DH and I have named SIL, it is unlikely ss/courts would not agree to this. But if DH and I seperated and I died, dc would live with him.

prh47bridge Wed 14-Sep-16 13:35:03

Getting married is a necessary first step towards getting PR but it is not enough on its own. You will need the agreement of your stepson's mother to get PR. If she won't agree the only ways you could get PR would be through getting a court order or adopting your stepson.

Your partner's will can name you as guardian regardless of whether or not you have PR. If you actually become your stepson's guardian you will automatically gain PR. However, unless your partner has a child arrangements order giving him residence the appointment would only take effect when the mother dies.

Naming you as your stepson's guardian makes your partner's wishes clear but it does not guarantee that is what will happen. If there is a dispute between you and his mother it would be resolved by the courts. They would take your partner's wishes into account but would not necessarily follow them.

MrsBertBibby Wed 14-Sep-16 14:03:48

If your partner's will names you as guardian, that appointment only takes effect if the mother is already dead, unless your partner has a residence order in force when he dies.

And it doesn't guarantee anything about where the child would live.

GreenGoth89 Wed 14-Sep-16 16:08:34

There was a child in need case open but they had no evidence (although they had concerns) to go to court but she gave him up shortly after. I'm going to get PR once we're married, I don't think she would say no - she's already said she values my contribution to his upbringing, but once the form is in front of her who knows!

NEmum Wed 14-Sep-16 16:11:14

You don't get PR if you marry your partner, PR is not "transferable" in that way.

Familylawsolicitor Wed 14-Sep-16 16:39:06

She can consent to give you step-parent PR once you are married.
He can declare his wishes in his will but guardianship can only take effect if there is no living person alive with PR
You would have to issue a court application if your partner died
Obviously it would be in your favour if at that point your DSS had been living with you for some time

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