Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

My will is causing issues and i'm not even dead or dying!

29 replies

fairgame · 28/05/2015 12:39

My parents want me to change my will and i really don't see the point.

I don't have any assets - just a car, a little bit of money and the contents of my house. I don't own any property or investments. If anything happens to me it all gets sold off and the money given to DS (only child, age 10).
Best friend and her husband are executors of the will. So far so good.

I'm a single parents to DS. His Dad is in and out of his life and not very reliable, however he is on the birth certificate and has PR. My will states that DS will go paternal grandparents if anything happens to me. At the time i wrote my will they were seeing DS regularly however they haven't had any contact with us for over 3 years.
My parents now want me to change my will so that they can have DS if i die. His Dad won't want him full time as DS has SN and he can't cope with him. I think that ex will stop DS going to my family as he likes to have control over 'his' things (DS being 'his' son), he hates my Dad and that he will be happy for DS to live with his parents but not mine.
I have pointed out to my parents that regardless of what my will says, ex will have final say as he has PR. However my parents want to me to go to a solicitor to have my will changed and if ex contests it then they can go through the courts and get to keep DS.
I think this is a complete waste of time and money.
What do you think? Leave it or change it?

OP posts:
Collaborate · 06/06/2015 00:24

Just wanted to say that a guardianship clause in a will has absolutely no effect unless there is no one else alive with parental responsibility at the time of your death. Therefore OP the comment in your latest post about ex contesting the guardianship appointment has got me confused. If he's still alive, there isn't a valid appointment to contest.

HmmAnOxfordComma · 06/06/2015 00:31

Glad you have the legal side sorted, OP, but when you mention having very few financial assets to leave your ds, I'm wondering if that means you don't have any life insurance? If not, you should look into getting some.

If you're young ish and healthy ish, it can be really very cheap - just to cover until ds is, say 25, because if you do die, you would at least be leaving money for his guardians to help provide for him, or a nest egg to help him through university or first home pure, etc.

fairgame · 06/06/2015 07:39

Collaborate the solicitor has said that although legally ds's dad has pr, my will gets taken into account along with ds's wishes therefore ds would go to my parents as he wouldn't want to live with his dad. The solicitor said that just because my ex has pr it doesn't mean he will get custody.

OP posts:
Collaborate · 06/06/2015 08:23

That's partly true. It would be for the court to decide if there's s dispute. No one can give you guarantees. Before the court gets involved the father is the sole decision maker in law.

New posts on this thread. Refresh page