Naming a guardian in your will - does it matter if they are overseas?

[EldonAve]

Our current named guardian has announced his intention to relocate overeas - probably permanently

Due to other circumstances we are reconsidering our choice
But our alternative guardian is also overseas - does this matter?

I have no idea whether it is legal or not but i think you should look at the wider issue of whether you want your children to relocate to another country if something happens to you, taking taking them away from friends and wider family, or whether you want your children brought up in this country therefore would the guardians relocate back here.

Thanks yes that is a consideration
We would not expect either to relocate back to the UK

The guardian could also be someone who you want to make the decision about who the children should live with, so they can be overseas. Both grandfathers are guardians in the wills of my wife and I, as we'd expect them to sort it out amicably at a family conference.

You could still appoint them as guardians, but express the wish that the children actually live with mr and mrs x. Otherwise, there could be problems.

thanks

Guardianship is not legally binding in a will anyway. If the children are old enough to have cogent views, ie above 7 or 8, then their views count just as much as the late parents wishes.

Inlaws are our first choice of guardians. They live close to us. The next choice are my brother and sister who live in NZ.

The lawyer who wrote up our wills is also our best friend. He knows our situation intamately and saw no problems with the overseas guardian bit. It's also noted somewhere, though not, I think actually in the will itself, that if the worst should happen around the time DD is sitting GCSEs or A Levels and her grandparents were also dead/unable to look after her, then she may decide to stay in the UK with BF/lawyer as guardian.

7 or 8 is too young for the children's views to be determinative though.

I thought it only goes to court if there is a dispute?

It does, but if the ultimate carers for the children are not granted PR in the will, then they will have to apply to the court for a residence order, which will vest PR in them.

Thanks for the clarification

When sil died, her ds didn't go to live with the person named in her will. It was a bloody situation all round.

I don't expect the guardians I will be naming for DC when I modify my will (to hopefully reflect save arrival of said DC) to actually take on looking after them if they don't want to, so it shouldn't matter if they were overseas. I expect them to make the decision about where they should go in the best interest of said DC, which is why they are not a family member, otherwise there could be a messy international battle.

I have a sensitive side.....