What happens to my son if I die?

[wrightgroom]

I have put in my will that I wish my parents to be legal guardian of my son if I die before he is an adult. However I was married to his father when I had him. Does this mean that he can just take our son and force the issue, or can my mum and dad just assume the role that I requested of them.

I really don't want my ex husband getting his hands on my son's inheritance or my son.

[lightoftruth]

Im afraid this is a complex issue which can not be answered by most on the AB unless there is some kind lawyer on the AB. I do know this however. It depends upon the age of the child and the circumstances of the split (i.e violence) my advice is get thee to a lawyer of the citizens advice bureau promptly.

[sponsmith]

Quick...before you die!!

[:Ace:]

lmao at sponsmith

[Polotoo]

Hi wrightgroom, as light of truth says its a complex issue.

As I understood it, you cannot 'leave' a child to anyone, like you can with belongings, but you can express your wishes, which will be taken into account should the worst happen.

I think you need to get some proper legal advice though, so you can ensure that if it should come to it your thoughts are known.

Good luck.

[Beanmistriss]

I know that my auntie and uncle have a legal document to say that if anything happens to them then my parents will be the legal guardians of their children. However thats if they both die so probably irrelevent.

[WendyS]

I suspect that your ex husband may automatically have some legal rights to be the guardian of your son but if you have custodial rights I suspect you might be in a stronger position to try and have your parents appointed guardians. However, it's essential that you have a Will drawn up by a solicitor as soon as possible. As regards your son's inheritance, if you die when he is still a minor (ie under the age of 18) your solicitor can appoint your parents as trustees for any money you leave him but it would be sensible to get your solicitor's advice on how best to handle this because if your estate is of any size, a trust fund could be liable to income tax on an annual basis which any trustees would be liable to pay. I'm sure you can insert a clause in your Will specifically excluding your ex-husband having any accesss to any money left to your son. However, bear in mind that if your parents are elderly could die unexpectedly there might be a need for other alternative guardians and trustees. Do you any any brothers or sisters who would be prepared to take on either of these roles in the event of that happening. A solicitor will ensure that as far as legally possibly all loopholes are covered.