Appointing a carer for your child

[User1706]

In the event of your death...

I need a will writing. Is there the legal assumption that if I die, our son will stay with the other parent, and therefore, it isn't something that necessarily needs to be said in a will? Also if me and my husband (and his dad) both died. I plan on appointing my brothers family as his carers. Understandably, this would financially hit them, so I see it as only fair they also get the money required from me to raise him rather than it sit in some account waiting for my son to get to 18. How do I ensure that I can leave my son some things but also provide for his carers so they don't struggle with the added cost of a third child? (They already have two boys)

On the other hand, if I died after an age, my son needs care, he will just get everything.

In our wills we stipulated that in the event of us both dying my parents would take on the our children until they were 18. The children would inherit everything but my parents could use whatever they needed to care for them. (Both children are now adults and this clause was thankfully never needed.)

My will says to set up a trust if dp and I die while dd is still a child. This was recommended by my solicitor. The trustees could give money to the carer (a friend) for the benefit of dd. After dd turns 21, the trust would be wound up and dd would get everything.

IMO you really need to use a solicitor for wills when there are children to provide for.

You can't actually will your children to someone. You can and should include who you preference would be but this can be overridden by Social Services.

Yes, if you were to die the assumption would be that your children go to their other parent; guardianship only comes into play if the DC don't have any legal parents left. The standard way to write a will to support guardianship while DC are children is to set up a trust in their names of which the guardians are trustees and can administer the funds to support the children's needs.

Speak to a solicitor who does wills; this is a very standard request/setup.

This is what we've done; we name our preferred guardians of the DC should we both die in our wills, and state that all our assets go into a trust for the benefit of the DC of which our preferred guardians are the trustees. The guardianship could be contested, because as PP said you can't actually will children, they aren't assets, but if everyone generally agrees on the arrangement stated in the will it is unlikely it will be.

Being a testamentary guardian confers parental responsibility and there is no need for social services to be involved unless the child and their carere need help from statutory services.Make a will via a specialist solicitor or legal executive or will writer and include provisions appointing testamentary guardians for the children should both parents die, and a trust fund so guardians can support the children.