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Family law / wills question

1 reply

JollyAnt · 14/10/2026 17:06

Hi all,

I'm thinking of approaching solicitors.

Is it pointless to make a will appointing my mother as guardian to my son, if my son will have his Dad in the picture?
(Dad works full time, not near his school, and a questionable immoral and criminal past is involved)

He "lives with" me and visits his Dad, as per court order.
In my home he lives with me and my Mum full time, he is very close to her and she would be best placed to continue his full time care, continue with same schooling... but I've read that guardianship parts of wills fall through when there is a surviving parent with responsibility.

Will a will have exactly the same weight in court as an informal letter of wishes, for my Mum to fight with, in a child arrangements case?

Thanks for any input, in advance.

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Boreded · 15/10/2026 01:15

You can do it if you have the lives with order, and on your death she would have the guardianship. However it may not hold up for long because your ex would be able to apply in court for the court order to be amended now that your mum has replaced you in it.

I would still be doing it anyway if you feel like it would be the right thing for your son.

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