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Making a will...guardians and executors.

8 replies

HHH3 · 18/06/2013 16:31

I'm seeing a solicitor on Thursday to make a will. As well as the financial side of things, I also need to appoint guardians for DS2.

I've asked 2 very close friends to be guardians but not sure if this is the wrong thing to do. Should I only ask one? If there's 2 then what would happen if something happened to me? Who would DS live with?

Also, how many executors do I need? So far I've only asked 1 person. Is that enough or should it be more?

OP posts:
mumblechum1 · 18/06/2013 18:11

You do need two executors. I'm assuming from the way in which you've worded your post that you are single, (otherwise, people normally name their partner as their executor, and then two others to act in default).

So, assuming that you are single, you need to have two people to act. This is because, in the very unlikely event that you died before your son is old enough to take control of your money, then a trust would automatically arise, and two trustees would need to administer the trust.

So far as guardianship is concerned, it's fine to appoint two people. I'm a will writer and often suggest that my clients specify who they would prefer the child(ren) to live with, but also put in a backup in case the first person isn't able to act, for example if they emigrate. As an alternative, you can appoint two people and not specify which you'd prefer to have the children day to day, and leave them to decide between them who would be better placed. That would depend, for example, on how old the child was.

You can, if you are concerned about avoiding any misunderstanding or ill-feeling, explain your reasons for choosing a particular guardian.

Depending on whether your son's father has Parental Responsibility, it may be more appropriate to specify that the guardian(s) will only act if the father can't or is unwilling to care for your son.

I know you have an appointment sorted out, OP, but if anyone else is still putting off making their will, I have a paid-for advert over on Mumsnet Classifieds (Small Business) titled "5* Will Writing Service Recommended by Mumsnetters".

HHH3 · 18/06/2013 18:40

Thank-you so much - that's really helpful.

Yes, I'm a single parent. Making a will is something I've been meaning to do for a while. But it's especially important (and urgent) now as DS2's father died suddenly a couple of weeks ago - hence the need for guardians.

I'll sort out another executor ASAP. The people I've asked to be guardians are very, very good friends who will play a significant role in his life anyway. I'm happy to leave it to them to decide things (if the worst ever happened) as I know they'd make that decision with his best interests at heart.

OP posts:
mumblechum1 · 18/06/2013 20:18

I'm so sorry to hear about your DS2's father. That must have been an awful shock to your son, and I hope he's coping OK.

If you have any other questions, do feel free to PM me, or contact me via the website www.marlowwills.co.uk

HHH3 · 18/06/2013 20:53

Thank-you. He's 6 months old so doesn't know what's going on.

OP posts:
mumblechum1 · 18/06/2013 21:02

Sad. Hope you're ok too!

HHH3 · 18/06/2013 21:25

Thank-you. I'll be ok xx

OP posts:
mumblechum1 · 18/06/2013 21:30

Smile. There is a bereavement topic on MN if you think it would help.

HHH3 · 18/06/2013 21:40

I posted on there the other day.

Have sorted another executor so all set for Thursday. Not that I have much in the way of assets but at least I know DS2 will be ok (DS1 has a different dad so he'll be ok too). Thank-you

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