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Appointing a guardian.

2 replies

YgritteSnow · 22/04/2020 11:58

With covid and the pandemic I am looking at making a will. I am divorced from my children's father and he's basically a useless alcoholic and gambling addict but still has PR and pops up making a nuisance of himself periodically. Can I appoint a guardian for my children in my will who would be able to have some say in their upbringing and also manage my children's finances. My ex would go through the life insurance pay out and any left over assets within months and there would be nothing left for my children. Any general advice on how to protect them if the worst happens please? Many thanks.

OP posts:
FanSpamTastic · 22/04/2020 12:14

You really need some specialist advice in this area. You may be able to leave your assets to your children in a trust and appoint trustees who are not your ex to manage the distribution of any income.

This would be separate to who actually looks after your children and brings them up. I don't know if you could make their guardian someone other than their father.

prh47bridge · 22/04/2020 19:31

You can appoint a guardian in your will but it would only take effect on your death if you have a court order saying the children live with you or your ex has died before you. However, if there is a dispute about where they live it will be decided by the courts based on your children's best interests. They won't automatically go to their father.

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