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Quick question re wills & legal guardianship

(4 Posts)
ElfOnTheTopShelf Tue 19-Jul-11 14:08:20

I am using Barclays to help me write a will. I am married and we have two children. I want to name my sisters as guardians should something happen to me and DH. I assume that if something happened to me only then the children will automatically stay with my DH (even if I have named guardians), and he would have to have a separate will to name the guardians should he die afterwards before they are 18...?

CogitoErgoSometimes Tue 19-Jul-11 14:17:39

DH is legally your next of kin with all that entails and there would be no question that, as their father, he would be the sole guardian of any surviving children. In the most basic situation, the next of kin inherits the entire estate which is why any specific provisions or bequests have to be listed separately. When it comes to guardianship it will be worded something like 'in the event that I and DH die together X will be guardian to surviving children under 18...' You'll also be asked what you want to happen to your estate in that situation - and the recommendation is usually that the proceeds are held in trust for DCs until they come of age. DH's will would be worded similar to yours at the moment and he would have to change it should you predecease him before the children reach majority.

ElfOnTheTopShelf Tue 19-Jul-11 14:23:00

Thank you. I'm trying to get mine sorted out as its free through my account, and then will be sorting out DH's with him. My main concern is that obviously everything ultimately ends up with our children, and that they go with who we want looking after them should the worst happen.

CogitoErgoSometimes Tue 19-Jul-11 14:29:35

Looking after children is everyone's concern and your will-writer will have some ready-made passages that can be inserted so that it covers all eventualities

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