Write a will today- trustworthy? Is the advice they've told my partner true?.

rpc

Mojisola wrote: »

If that happened, your OH would register the baby's birth. He's the child's father and would have parental responsibility and he would make decisions about the child's future.

Not if they aren't married. The only way for an unmarried father to gain PR is to go to court. Even if the mother died.

Colleague of mine found himself in this scenario. His partner died (they discovered during pregnancy that she had a terminal cancer). They were going to marry, but she died a few days before the date and the mother was kept in a coma after the emergency c-section so could not register the birth herself. He had to go to court to get himself on the birth cert and gain PR. Her family supported this and there was never any doubt, but it did require a court order to occur. Had she lived long enough to marry, he would automatically have PR and could have registered the birth himself. It was a very sad story as it was and forcing him to court just rubbed salt into the wound.

A man does not have any PR unless he is married to the mother, the mother puts him on the birth cert or he goes to court. If an unmarried mother dies before the birth is registered, the first two options aren't available and so court is the only option.

Sad, but true.

madbadrob

Taking aside what the salesman has said and just looking at the law regarding children after both parents have died we get (as I understand it) the following. If both parents were to die then Social services would become involved and could for a short period of time place the child with registered foster carers. This would only be for a short period of time whilst they carried out suitability checks on the nominated person/people or someone from the family came forward to say they would care for the child. Has mentioned in an earlier post the children would be made a ward of court under an emergency application. I believe from this Social Services then have 28 days to look into suitability but can ask for an extension if they require it. This then removes the emergency aspect but the court will require them to work the case as quickly as possible. So in reality yes the children could for a short space of time be removed from the family.
In the case where one parent dies the child will only be stopped from going to the remaining parent if there is any known risk to the childs welfare for example previous child cruelty sexual offences etc. Just because there has been domestic violence does not preclude that person from having his/her child. At the end of the day the courts only want what is best for the child.

I would never use an internet will company, in fact I would never use anyone but a solicitor to draw up my will

Rob