One parent with a will

[DreamingofSunshine]

DH refuses to make a will. We have one DC aged 3. I can't persuade him to make one so please don't suggest it.

If I make a will, and we both died leaving DC as an orphan, would my will be upheld in terms of guardianship for DC even though he doesn't have one?

An appointment of a guardian in a Will is not binding
It is an important factor to be taken into account in who is appointed guardian so the fact that he doesn't have a Will is unlikely to make a significant difference as far as appointment of a guardian is concerned
However for lots of other reasons he should have a Will but if he won't no point in going over that

The previous poster is wrong - possibly misled by the fact that most such queries on here come from mothers who don't want their child to go to their father if they die.

If you both die the appointment of a guardian in your will takes effect automatically. It is not just an important factor. It is binding. The guardian you appointed will automatically have PR from that point, even if your husband makes a will appointing someone else as guardian - in that situation, both appointments would take effect and your child would have two guardians.

The appointment of a guardian doesn't prevent someone else applying for a Child Arrangements Order specifying that your child lives with them. If that were to happen the courts would decide based on your child's best interests. The existence of a guardian would be persuasive but not conclusive. If, for example, you die first and your husband and child are living with someone else when he dies it is likely the courts would order that your child should continue to live with that person notwithstanding the existence of a guardian. But the person you appoint as guardian would continue to have PR so would be entitled to a say in important decisions about your child.

Thank you that's very helpful.