what happens immediately after testator's death

Yorkshireman99

TBagpuss wrote: »

a court does not automatically get involved at all. No do social services.
In mpst cases, arrangements will be made by those most closely invovled, so (for instance) friends or family would notrmlly care for children short term before making longer term arrangments taking into account what you had said in your will.

If there was a dispute - for example, if you names your sister as the children's guardian but a grandparent or other family member wanted the children to live with them, then either that person, or your sister, might apply to the corut for an order, at which point a court would make a decision based on what was felt to be in the children's best interests.

If you are apppointing a guardian it can be sensible to leave a letter with that person, updated regualrly, which sets out why you have chosen them and why you feel it is in the children's best interests, for instance by providing information about why you made the choice, and conerns or issues with other family members who might put themselves forward (e.g. worries about health, history of violence within a relationship etc. That way, the Gurdian has a much clearer idea of why agreeing to the children living with another person might not be a good idea and can prepare their case accordingly f an application is made to court.

Social services would only be invovled if there was concern that the children were at risk of suffereing, or had suffered, significnat harm. If you died on holiday they might arrange temporary foster care until your family members arrived, for instance.

You are so wrong. In the case of someone wanting to take a child out of the U.K. They would need proper authority to do so. They would almost certainly be stopped at the port. the informal arrangements you suggest are quite inappropriate particularly in the case of an overseas guardian. In any case such guardianship would have to be ratified by a UK court who would involve Social Services for a report of of all the circumstances.

Savvy_Sue

Yorkshireman99 wrote: »

You can't will your children. Whilst a guardian can be appointed ultimately it is for the court to decide who will get custody.

geoteresa wrote: »

Does it mean that if e.g. I appoint as a guardian my sister who lives abroad, that the court may not allow the children to go to live with her?

Yorkshireman99 wrote: »

Yes. The court would decide on the basis of what was best for the children. Your wishes will be considered but will not override the children's best interests.

Having said all that, if there's a family member willing to take the child, and no obvious reason why they shouldn't, Social Services are vanishing unlikely to look too closely to find one.

Absolutely take legal advice about this situation!

getmore4less

Don't have the reference handy but the hierarchy of "ownership" of children through appointment of guardians by will or seperate document establishes the adult with parental responsibility.

Unless there is something in other family law there would be no need for ratification the appointment is automatic, to be changed by intervention of the courts.

This came up before on the family board cant remember where the discussion ended up.