Will - care of children

[mummyofgirls]

Can anyone advise on the following scenario:

Without a will (which if we were sensible we would have), if dh and I die together - who becomes responsible for looking after our small children? Thanks

It would be up to the family court (with advice from social services) to decide.

I'm sure I remember reading that without a will your children would go into state care until it can be decided if any relatives who are willing to care for them are fit to do so. Don't mean to be morbid but I would make a will if I were you, we all think its not going to happen to us.........

If family can't decide would be for the courts to decide, in best interests of the child.

Even if you have a will it is not legally binding.

The children would only be taken into state care (ie with a foster family, or in a home) as a last resort. If SS could contact a close family member who was prepared tolook after the children int he short term they would do so (though state would still be formal guardians at that stage i suppose). SS would look for close family member and assess whetehr they were willing and able to take care in long term. If they'r not then they would look for alternate care (foster/adoption). If more than one family member wants to have care then then SS makes a recommendation to the Courts. If you have no will but have nevertheless clearly made plans for this event, then SS will take those into account - the will really determines the financial aspects more than guardianship, but is an obvious place to put those wishes.

I think that Hula is indicating that if you state a preference for a guardian in the will, then that is not itself legally binding (ie your chosen guardian cannot be "forced" to be guardian, and someone else who is better suited could still approach the court). A properly executed will is still a legally binding document in respect of most financial matters. It is nevertheless possible to have a Deed of variation executed subsequent to death, but that is irrelevant in general for guardianship.

We definately need to get a will sorted. Even the thought that maybe they would need to be cared for by the state until assessments and paperwork were complete to allow them to be cared for by their grandparents, is awful (tho I'm sure the state carers would be great).

Yes, sorry - I meant the guardianship bit - definitely not the will itself!

The guardianship bit is just a preference that you put down, showes your wishes. Most times a court will agree with this nd there will be no problems. If the guardianship was disputed it would go to court and they would decide what was in the best interests of the child. That is why it is advisable to speak to your family/friends about the guardianship issue in advance, and be prepared to amend it in your will should circumstances change.

Does anyone know whether blood relatives could contest the will provision e.g. if you made (non-relative) friends guardians?

We want some good, local friends to be guardians, but I think his sister would be offended if it ever happened.

Oh, x-posted Hula - think you partially answered my question.

I have a letter in my desk which states my wishes with regard to the DC in the event of the untimely death of DH and myself.

I would hope that it would at least be taken into account being as I have discussed and agreed it with the lucky prospective receipients of my children!

Surely children are not put into care if their parents die when there are appropriate relatives ready and willing to care for them! That would not be in anyone's best interests! I will have to look this up!

No, I think children would only be put into care, even short term, as a very last resort and there was no one willing to take them in whilst everything was sorted out.

anyone know where you can get wills done online? solictor quoted £300+ arg!!!!!!!!!!

Excellent question eleanorsmum!

Shiny - did you word your letter yourself or is there a template you used?

Do avoid DIY and willwriter wills - DH makes way more money from sorting them out than he does from writing a will in the first place.

Cost of will depends on type of will you need. If you need tax planning then it costs more.

Ask around to get quotes. But do be wary of cheapest wills - they may be cheap for a reason!

Will Aid is a good way of getting a will for free, or through giving money to charity. Only done one week a year generally though, and only at participating firms. You need to look around.

I worded it myself MoG. It's just sitting there is a plastic sleeve waiting for someone to find in the event of a terrible circumstance. My best friend (and her DH), who are the people mentioned, know where to find it. I would hate to think of DS2 (SN) being inflicted upon them.. but I know they would and could care for him and love him. They are one of the few people who could I suspect!

That said I have to say that £300 seems pricey unless you have a huge estate or need something very complicated. Locally the rate seems to be between £100-£200 for straightforward mirror wills without advanced tax planning (trusts etc). Might be worth ringing a few solicitors out of yellow pages.

I rang round a few for quotes. We wanted to get an enduring power of attorney done at the same time, so the availability of the solicitor to do this was a consideration in the firm that we chose. Including VAT we paid just short of £300 for mirror wills for DH and myself and EPA's for DH and myself. They were as straightforward as you can get - everything to each other, failing that, everything to the DS's who would become guardians of my parents.

You don't need to use a local solicitors. Many will do it via email and/or telephone. So you can look around for cheaper out of your area.

£300 seems a lot of non tax planning wills.

DH charges way less than this but is still above average for our area (presumable as he is good , but we are not in London type area, where it would be dearer.

If either of you are with Unison they used to do them for £50.

If either of you are with Unison they used to do them for £50.