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Appointing legal guardianship in the event of your death... how do you do it?

8 replies

Elf1981 · 16/04/2006 13:19

Tite says it all really. Got no will as before dd arrived, me and DH weren't too bothered about what happened to our possessions if the worst happened to both of us. However, I feel as if we should get something in writing about what would happen to DD in worst case event of me and DH dying.
Does anybody know how to go about it?

OP posts:
hulababy · 16/04/2006 13:29

Taken from DH's article about writing your will, linked too at the start of this page:

If you have infant children, who will be appointed as their guardians?

Guardians are responsible for the welfare of children and are usually the people who will physically look after them. Their appointment is not legally binding but if their appointment was ever challenged in the courts, this provision would be very persuasive.

hulababy · 16/04/2006 13:30

\link{http://www.mumsnet.com/bigissues/makingawill.html\Article is here}

DH is in process of just updating a couple of the financial figures. But the information giving remains the same.

Elf1981 · 16/04/2006 16:22

Sounds good Hulababy. Does it matter whereabouts in the UK I am based? I really want to make a joint will. What are the new figures for a joint will?

Q: if me and DH make a joint will, does it only become effective if we both die? Or can we in the joint will leave everything to each other on the event of one death, but to our dd on the event of both? What would be the circumstances of our wishes about dd being overturned? Ie, if we say my mum has guardianship, would that ever be overturned? Just a few questions before I going running into it.

And if I chose to do it myself with one of those ones get you from the post office, is that legally binding or not?

OP posts:
MeerkatsUnite · 16/04/2006 18:45

And if I chose to do it myself with one of those ones get you from the post office, is that legally binding or not.

Please, please, please don't use one of the post office forms and do it yourself. This is far too important to muck up!!. Poorly written wills have far reaching consequences in that your express wishes may not be granted due to the will being poorly written and misunderstood. Wills can be complicated things to write as it is, it should be done by a professional person i.e a Solicitor.

hulababy · 16/04/2006 21:55

Elf - DH charges the same as is currently quoted in the article.

Standard rates are as follows:

Single straight forward Will £90 plus VAT
Joint straight forward Will £110 plus VAT
Will containg protective Trust £170 plus VAT
Tax planning Will £400 plus VAT

He then gives 10% discount to MN members.

Dh can do wills all over the Uk and beyond. He does then via e-mail and.or telephone, as well as postal.

Many solicitors will offer this service.

hulababy · 16/04/2006 21:57

Really don't do a DIY will! Dh gets more money from sorting out badly dran up wills, especially DIY or will maker type wills, than he does form drawing up a bespoke will from scratch. they are just not worhth the paper they are written on.

DH specialises in this area of law. he has a fair few years experience of dealing with this sort of thing. As have other specialist lawyers. When a specialist laweyer does your will you are getting a proper will that will stand up in court if nexessary.

hulababy · 16/04/2006 21:58

Motst join wills are mirror images of each other, although don't have to be. YOU decide, as the client, what goes in your will.

NotActuallyAMum · 16/04/2006 22:16

Elf your Will can be effective if one of you dies and if/when you are both gone - the same Will can cover both scenarios

hulababy's dh is really good - DP and I are currently in the process of having ours done with him Smile

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