Making Guardian Wish official

Counting_Pennies_2

Can anyone advise? Before my son was born, my husband and I made our joint wills and put in that we would like either my sister or my husbands brother to care for any future children should we die.

Now my son is here, we are definite we only want my husbands brother to care for him should anything happen.

To avoid having to do an expensive change to our will, is there a way of making the request official any other way?

Thanks

PS - Husbands brother happy for the guardianship arrangement

Bossyboots

I think you would be safer changing your wills to be honest. Even adding a codicil could cause difficulties later on. It is possible to challenge guardianship made in wills and if your sister has a sniff of the idea that she was originally named she could use that to bolster a claim that she should care for the children. Although this would be countered by the fact that you clearly had changed your minds, it does add fuel to the fire. To be absolutely certain change your wills so that only the current one will be produced. If your solicitor had the will on computer, it is only a small matter to reproduce it with the changes so it should not cost as much. Also, if you were so inclined, you could actually just redo the whole thing yourself as you are only taking the name out. Just make sure it is witnessed in accordance with the rules and that if your solicitor is holding your wills, that you get these back and notify them that they have been updated.