What would happen to the child in the event of..........................

Legacy_user

On behalf of family member:-

mother & father made wills several years ago, covering their estate, since then they have had a child. They assume that in the event of one of them dying, the survivor continues to raise the child, and they accept this.

It now occurs to them that if both of them were not to survive an accident, what happens to the child (currently 2 yrs old) ?.

They have several scenarios in mind:-

*would the child automatically go to grandparents, but which set?, and one set has divorced and remarried, so which of them would take on the responsibility?.

* would the child go into care?.

* would the child go to mother's brother or fathers sister?.

It seems to me that they should decide on who they would wish to bring up the child and ask the person/s involved if they agree? then do this via a solicitor adding a codicil on to their wills. Is this right?

Crabapple

It's a good idea to get a guardianship clause put into their Wills yes, either by updating them or doing a codicil.

Children would only normally be taken into care if there was not a family member able to take them. But there really isn't a priority for that, they would have to discuss who was best placed.

It's better for the parents to work this out and discuss it with their family (particularly those who would have the children obviously!) so everyone knows.

The naming of guardians in a will is not legally binding but is an expression of wishes. Any family taking in the children would need an order of the court appointing them but they look at what is in the best interests of the child - exactly the kind of things that a parent will be thinking about when they appoint some guardians.

It isn't an easy decision though - I have 2 children and me and hubby still can't work out who would be best to name as guardians! Our parents are too old, some of the family is very religious and we don't want them raised in that religion, my brother and his wife would be best in many ways but they live a long way away and therefore the children would miss out on seeing their grandparents...

RAS

Hi

Having seen the chaos this sort of thing leads to...............

They need to talk to the person they would like to bring up the child and make provision for them to be become guardian if both died. Social Services would be involved but generally agree these arrangements.

Do they have any death in service benefits or life insurance? Get this made out with the child as the beneficiary.

Even worse than the scenario you mention.

One parent dies and the other is seriously injured. In the case I know, in a coma for months. Remaining parent unable to care for child and the person looking after the child unable to access any accounts to support the child.

So they need to organise Lasting Powers of Attorney. These ensure that if they are incapitated, there child can be looked after properly.

System

RAS wrote: »

Hi

Having seen the chaos this sort of thing leads to...............

They need to talk to the person they would like to bring up the child and make provision for them to be become guardian if both died. Social Services would be involved but generally agree these arrangements.

Do they have any death in service benefits or life insurance? Get this made out with the child as the beneficiary.

Even worse than the scenario you mention.

One parent dies and the other is seriously injured. In the case I know, in a coma for months. Remaining parent unable to care for child and the person looking after the child unable to access any accounts to support the child.

So they need to organise Lasting Powers of Attorney. These ensure that if they are incapacitated, there child can be looked after properly.

My goodness, that's an scenario I hadn't thought about. My bet is that this might rumble on all day, so I will have to tell them to read this thread constantly.

DUTR

islandman wrote: »

My goodness, that's an scenario I hadn't thought about. My bet is that this might rumble on all day, so I will have to tell them to read this thread constantly.

Not at all, I often thought that's what Godparents were for?
As others have posted, there would/should be a guardian specified if that is what the parent wished (there is no ranking of grandparents as in one should have priority over the other and definately irrespective of their marital history) is someone divorced soiled goods and do not possess other qualities? I didn't think so either

Mojisola

DUTR wrote: »

Not at all, I often thought that's what Godparents were for?

Godparents are a religious invention and have no standing in law.

DUTR

Mojisola wrote: »

Godparents are a religious invention and have no standing in law.

I sort of agree (well I have to agree they may have no standing in law) but from back in the day, I was lead to believe that it was the persons chosen by the parents to 'sponsor' the child should anything drastic happen to both parents.

RAS

islandman wrote: »

My goodness, that's an scenario I hadn't thought about.

Neither had the parents in that situation. It was horrendous; they eventually got the court of protection to appoint an attorney but it took months.

We agreed things out when littlie was 6 weeks old as a result. Now old enough to fend for themselves (almost).

pollypenny

DIL's parents were very upset when she and DS named friends as potential guardians.

We fully understand why, as both us and them are too old. DIL's brother is a nutcase and DD is not settled enough at the moment.

RAS

pollypenny wrote: »

DIL's parents were very upset when she and DS named friends as potential guardians.

We fully understand why, as both us and them are too old. DIL's brother is a nutcase and DD is not settled enough at the moment.

And in a few years they may want to consider whether DD is settled enough.

We actually agreed the youngest was a teen that she would no longer go to family but would go to her very best friends parents.

Faith177

My mum had such a clause in her will as my dad died suddenly at 28 in an accident leaving her with me (5) and my 9 month old brother.

Her biggest concern was what would happen to my brother and I if something happened to her.

She had her parents listed as 1st choice as we saw them often and they lived close by and as they rented they would be able to move in to our house if needs be.

2nd choice was my other grandparents, followed by my Dad's brother and his wife and then my mum's sister.

If I was over the age of 18 at the time of my mum passing but my brother was under 18 then I would take over.

She also made sure she paid for a funeral plan as well