Guardians in a will?

[moojie]

My DH and I are trying to sort out our first will together. Guardianship of our DS and subsequent children has been a tricky subject to agree on. We had decided on my parents to both be guardians and DS would live with them full time and spend time with his other set of grandparents at weekends and holidays.

My DH is very keen for joint guardianship where both our mothers would be named as guardians. We would then put in a letter of wishes stating that we would like DS to live with maternal grandparents but that paternal grandparents would be able to have an input on important matters.

What would be the legal implications of joint guardianship with our mothers? What legal standing does a letter of wishes have, if any? Could the paternal grandparents insist on DS living with them?

Thanks in advance!

[Sassee]

If, God forbid, this was ever needed and the two sets of grandparents didn't agree, one set would need to make and application to the Court, at which point your letter of intention kicks in nicely. It won't be final as of course a Court case can uncover many horrors but all things being equal it shows the judge what you wanted and intended.

[mumblechum1]

The appointment of Guardians in a will is in itself an expression of wishes, ie not binding on a court if there is a dispute among the family about who the children should live with.

I'd suggest wording along the lines of "I appoint x and y as guardians of any child of mine aged under 18 at the date of my death and express the wish that they encourage and facilitate both direct and indirect contact to their m/p aternal grandparents and other members of their extended family"

If there's a dispute, someone would apply under the Children Act for a Residence order or contact order. The court would appoint a cafcass officer to investigate and make a recommendation as to what was in the children's best interests, and usually the court goes along with the cafcass officer's recommendation. Whoever the court gave residence to, they would normally also give a contact order to the other party.

I honestly wouldn't get too hung up about Guardianship, firstly because the chances of both parents dying while the children are under 18 are pretty small, and even then, the appointment can always be overturned by the court if it isn't in the best interest of the children.

I have a paid for ad over on Small Business section of Classifieds if you're interested ("5* Will Writer recommended by Mumsnetters").