does anyone have a will where they dont name the guardians?

[charlieclown]

Hi

We are revising our will. We want to put something to the effect of "guardianship will need to be decided by Aunty and Uncle X and Aunty and Uncle Y." for various reasons we cannot decide who to actually give the kids too.

We need to change our will as the children currently go to someone who is no longer suitable.

has anyone done this? please tell me it is common?

Can anyone help with this please?

I would suggest going to a solicitor and getting proper guidance. Particularly with something so important!

Have you talked potential guardianship through with both sets of Aunties and Uncles?
Are they all equally happy that it is their job to make this decision should the need arise? Do they understand why this is their job?
I would do that before seeing the solicitor.

thanks for your reply. Our solicitor is telling us it is unusual. I want to know how unusual as it would really help us to do it.

We haven’t named guardians for the children in our wills.

From a practical perspective how would this work? It’s a rather large responsibility to give two sets of people to work out who should take the children, at a time when presumably they’re grieving themselves.

Wouldn’t it be better for you to decide now and name them? If things change in the future you can always change it again.

thanks pottering - have you put a statement in its place?

Why can’t they go to the aunties and uncles?

That's what is in my will.

It's between my DSIS and DH brother to decide based on all circumstances at the time

Yes, like @TakeMeToYourLiar it’s for siblings to decide based on their circumstances at the time.

I trust them to do the best for the children and also I know that, as there’s a set of circumstances that’s led to me and DH dying together unexpectedly, I cannot necessarily plan for that.

Yes you can do this, whilst our will names someone it has a clause that means persons A and B have to agree and they are responsible for finding new guardians if their is a problem with those we have picked. My solicitor said its easier if A & B are not prospective guardians. This is something that you do need a solicitor to look over. Most people don't have a will that clearly states what happens to the kids. Aside look at your life insurance, mine has clauses so that if I die my husband's future wife can't get it. I know that sounds awful but I've read to much on here.