No will, advice needed!

[Charliejr16]

My husband and I are going on honeymoon next week, leaving our toddler son with my parents. It suddenly dawned on me today that we have no will, he doesn't have godparents, we own our own home but this is only in my husbands name.

My husband and I both agree if anything happened to us, we would want all assets sold and money's put into a trust for our son, and for my parents to have sole guardianship of him.

If I were to put this in writing and us both sign it, does that have any legal standing? Will our wishes be taken into account if they are documented, but not formally in terms of a will?

I really wish we'd sorted all this out, we've kept putting it off and now I'm panicking that if something happens to us whilst we're away there is nothing in place for our son!

Any advice would be greatly appreciated.

A child isn't something that you can leave in your Will. You can express your wishes but that's all. Probably he would be cared for by grandparents or other close family if they wanted him (and most dgps would!). So don't worry about it.

I believe if you both die without a will your estate will go to your son anyway under intestate law. Your parents could apply for guardianship of him and it is very unlikely that would be challenged.

You can appoint your parents as guardians.

I would think about making some financial provision for your growing child though, rather then putting it all in trust for him when he is older.

If you both die together, e.g. in a car crash, legally the younger of you is deemed to have died last for i heritance purposes. If neither of you have a will but are married it is irrelevant. Your child will inherit everything.
Regarding having guardianship for your son you need to have expressed this legally for it to be certain. If this isn't done, then your in laws may express a desire to be his guardian.
I would try to get a will done, even in draft form, before you go. My sister only had a draft will when she died but the courts accepted it.

We fly on Monday 😩 I wish I'd thought of this sooner as I would've had a will done. Thanks for the advice everyone. My parents would 100% request guardianship, DH's parents are elderly and disabled, there isn't really anyone else who could have him anyway.

An appointment of a guardian doesn't have to be made by will.

It must be in writing, signed and dated.

Do that now and make proper wills when you get home.

If you die intestate your assets go to your spouse, then to children (bit more complex if you have loads in your estate)