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Writing a will

4 replies

Catworrier · 18/08/2019 22:01

So I don't really have anyone I would trust with my child in my will.
My parents, yes. But they are old now.

I'm not with my sons father, never have been. But he is present in my sons life.

I am now engaged to someone who my child loves and looks up to as a father. Has been in sons life since he was six months. He is now almost three.

I doubt he would ever be able to adopt him and I'm happy with the relationship his father has with my son. BUT can I legally make my fiancée the guardian of my child? So if both me and sons father passed away he would still have an involvement in my sons life. Also is there anyway I can set it up that my fiancée has involvement if only I pass away?

OP posts:
Are your children’s vaccines up to date?
Catworrier · 18/08/2019 22:33

Bump cos I really need help x

OP posts:
Ginger1982 · 18/08/2019 22:35

You should probably post this in legal matters for more replies.

SlightlyMisplacedSingleDad · 19/08/2019 00:32

Short answers:

  1. Yes, you can appoint your fiance as guardian in your will. But that will only kick in if your child's father dies before you. If you die first, the child goes to their other parent, which is just as it should be. It is then up to the surviving parent to appoint a guardian in the event of their death. That does not have to be the person you'd have chosen.
  1. No, you cannot do anything to ensure that your fiance is involved if you die. That will be entirely up to the discretion of the father.

But you can talk about your wishes with the father, and make clear that you'd hope he kept your fiance involved in the child's life if you died. It's up to the father whether or not he honours that wish.

ralphfromlordoftheflies · 19/08/2019 04:29

You can't 'will' a child but you can make your wishes known in your will and they will be taken into consideration if the case was ever heard in family court albeit not necessary abided to.

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