Do I need a will?

[kettleoffish]

Me and DH don't have family in UK or Europe anymore. We have friends in UK but don't really know if we should trouble them with our kids if something untoward happened to both of us. DH's family are in South Africa and are lovely people, they would be happy to be our children's guardians should the worst happen, but how complicated will the process of making the will be? Will they have a problem taking our children out of UK to South Africa in that scenario? Just wondering if it's worth getting a will at all. I will only get one if DH's non UK family are allowed to take our kids out of UK to care for them - and get the funds to pay for their upbringing.

If you are resident in the UK yes you should have a will, what happens if just one of you dies - makes life much much easier for the person left behind!

should add that funds would be life insurance payouts. We don't own any property and not much savings so the bulk of the money would be from life insurance payouts in the worst scenario.

We are both resident and UK citizens. Just that none of our family live here anymore.

Yes but I'm wondering how tricky the process might be for non UK non resident family members from abroad to take the children away to their country of abode to care for them? Is it straightforward?

My dad was a PR but I was born here so I had UK citizenship from birth.

DH is a naturalized British citizen.

Without an executor of a will I'm not sure who would sort any of this out for you.

I would seek out mumblechum, a MN regular she has her own will writing business that she adverstises here - Marlow Wills, she will be able to tell you and is incredibly helpful.

If you do need a will (I really think you do otherwise social services will initially be looking after your dc) her service is incredibly reasonably priced.

Thanks, I will try contacting mumblechum. I don't want social services taking care of my kids when I know DH's family will be able to provide them with a much better quality of life, which is why I am thinking of making a will now.

You need to seek specialist legal advice. We are in a similar position but different countries - we have the right kind of will and guardianship deed but where we live the courts could overturn our wishes. We just have to know we have done our best and hope that the court will recognise that.

And agree with pp - you need an executor (probably someone in the UK) who will execute the Will you have written appropriately - both wrt to finance and DC.

Don't worry social services would want to pass them onto family to take care of them!!! It may worth exploring friends who would take them on in a short term capcity should the unthinkable happen, it could potentially take a few days for your family to get organised to come out with a view to staying a week or so to sort out legalities, pack things etc.

I told my dc guardians I wasn't asking them to take on my dc forever only that they would ensure that they were involved in securing the best future for them. One of my friends would have gladly have rushed up and looked after them in our home but it wouldn't have been a long term solution not could they have relocated to live with her.

What you are asking is very unlikely to happen. We had seperate guardians and executor.