Making a will in favour of my daughter - help please

Prudent

I am a single parent with one daughter age 14. At present I do not have a will. I know I should have and am looking for a bit of advise.

My daughter resides with me. She does have contact with her dad at present, although this hasn't always been the case. I have been on my own with her for four years and he has had access for a total of two ,although this has not been consecutive. The reason for the broken contact has been child protection concerns (genuine -not made up to avoid contact).

In the event of my death, I would like her to live with either my family or close family friends of ours. I think that would need to be decided amongst the people concerned and my daughter. All are agreeable. However I think her dad my contest this. What are his chances of being successful? She would rather not live with him, although wants to continue to see him when she wishes.


Also I would like to make money for her keep available to any family or friends that cared for her. However would not want this happen if she lived with dad as he is a high earner who has contributed very little financially to his daughter. I would prefer that she could have the money later - say at the age of 21. Is all of this possible?

Becles

You need to see a solicitor.

When I was a single mother, my will stated that on my death, my parents became legal guardians of the children. The solicitor also wrote it so my parents got an allowance from my estate to pay for their general upbringing, but the bulk of my estate would be held in trust for the boys until they became adults.

I didn't want the boys to live with their Dad as he has had very little contact with them since he left us, and I think they would be better off living with my parents.

Need to change will again, as I recently married so the old one is void now!

Bossyboots

Guardianship clauses in wills do not take precedence over the rights of a natural parent who has parental responsibility. It can be argued in court but there would usually have to overriding reasons why a child should not go to live with its natural parent. Even a parent without PR can successfully fight for a child to be placed with them on the death of the mother.

The age of the child will be an important factor though. At 14 the choice would almost undoubtedly be left to the child as to where they want to live. The same is true of younger children to a degree. Each circumstance would be judged on its own merits for this but with very young children they are most likely to be placed with their natural parent if no reason can be shown why they should not be.

The setting up of the estate to make an allowance to the carer is possible as Becles has shown.

This is a matter that needs to be dealt with by a solicitor to ensure the correct trusts are set up, particularly for the OP who wants an "if" clause in respect of this.

Prudent

That you both. I do intend seeing a solicitor, but was just looking to clarify my thoughts first. I was lucky in that I had a good solicitor through my separation and therefore have confidence that I will get good advise. It has set my mind at rest that my daughter's wishes are likely to be taken into account. There are also strong reasons why he might not get contact. He would have liked access to be overnight, but never got it because of these reasons.