Writing a will

[azulmayo26]

Is it feasible for a mother to leave her child to someone in the event of her death?

[buildersmate]

Ah, that explains a lot then.

In answer to the original question - yes, it is - through the appointment of a guardian in the will. The proposed guardian should obviously be consulted and appropriate financial arrangements in the will made to support the guardian.

[pips1]

lol at Tetjam - for a change!!

[jenniprice]

I remember my mum asking me who I would prefer to live with in the event of her death. I chose my auntie and uncle to be my guardian, who then my mum consulted and presume put them in the will.
Fortunatly it never happened!

[bednobs]

sorry azulmayo, but tetjams answer really really made me laugh

[daffy654]

When I wrote my will I put in that in the event of my death my partner is to have custody of our son(we are unmarried as yet) and if I were to outlive my partner then my middle child who is now 19 should be his guardian.

[azulmayo26]

Awh, but what if you are unmarried and don't want your partner to have custody, and so you prefer a family member to be the guardian, does the partner have a legal right and if so would the family member be by passed?

[jenniprice]

If you have put in the will who you would like the child to go to, then i presume they must go to that guardian chosen. Unless the partner adopts or becomes a legal guardian for the child in the future.

[Jaybird37]

If you are unmarried then you can specify your wishes in your will, however, the Coroner/ social services / family courts will look at the request and consider what is in the child's best interests. If the guardian you chose is a complete stranger to the child or is unsuitable in some other way (eg history of domestic violence) then your wishes may be overruled.

Your partner can apply for parental responsibility, either now or after your death, which gives him/ her responsibilities toward the child, to pay for upkeep if necessary and oversee upbringing/ education, gives the right to consent to medical treatment if the child is too young to consent themselves, but that does not necessarily guarantee access or custody.

That application can be contested or uncontested.

If you wanted your appointed guardian to have equal status you could ask them to apply for parental responsibility now, although that is a big obligation to take on now, unless you have good reason to believe that you are not going to survive until your child is an adult.

It is definitely a good idea to consult your child, if they are old enough to understand, and obviously the person you would like to be a guardian should agree.

[azulmayo26]

Thanks, appreciate the info/advice