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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Any family solicitors able to help me with a question?

(7 Posts)
Wearegoingtobedlehem Thu 23-Feb-17 16:03:54

Hi.

I am married with children. For one reason or another we haven't yet written a will, however assets aren't really what I am concerned about at this minute.
I need to put something in place ( bearing in mind the current absence of a will) to ensure appropriate care of my children should something happen to us. The technicality is that I need to ensure that my parents can not / do not have contact. How can I do this? Many thanks

Collaborate Thu 23-Feb-17 16:35:55

You can't ensure this after your death. You can however appoint a guardian in your will, and do a letter of wishes explaining about your parents and the reasons why.

Wearegoingtobedlehem Thu 23-Feb-17 17:04:24

Collaborate, thank you for your reply. Do I have to do a will to appoint guardians? If it has to be in a will then are wills individual when you are a married couple or can they be? Many thanks x

prh47bridge Thu 23-Feb-17 17:19:39

You don't have to make a will to appoint guardians. The appointment must be in writing, singed and dated. It is normal to incorporate the appointment into a will as that is less likely to be overlooked than a separate, less formal document.

You are perfectly entitled to make an individual will regardless of being married.

Wearegoingtobedlehem Thu 23-Feb-17 17:32:19

Thanks prh47bridge. Does a single will from me count as strongly as a joint will? Many thanks

Collaborate Thu 23-Feb-17 17:40:21

The appointment of a guardian only takes effect on the death of the last person with parental responsibility. So your appointment of one in your will, whether the father makes a will or not, will only take effect when you are both gone.

If you both share the same wish in relation to your parents in my opinion it would have more effect.

Wearegoingtobedlehem Thu 23-Feb-17 20:01:53

Thank you collaborate, we both share the same wish- he's just a lot more lax !!

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