Wills and Children

System

However as we are talking about the OPs situation there is somebody with PR so my point is correct. They would need to go to court and prove that the person with PR was not fit to gain guardianship over the children

getmore4less

Mojisola wrote: »

I don't think this is right - you can say who you would like your children to be raised by but it has no legal standing.

That's not what I belief the relevent law say.

Start with the childrens act 1989 section 5. and try to find something that overides that.

http://www.legislation.gov.uk/ukpga/1989/41/section/5

pollyanna24

macca1974 wrote: »

Just as a thought, and if this isn't the case, then please ignore me! If your house was purchased with your ex-partner originally, it may well have been done as a joint tenancy. If this is the case then if you die, the whole value of the property would pass to your ex-partner and not the kids regardless of what you say in your will. You'd need to consider altering the way you own the tenancy to tenants in common so you can then do what you want with your half.

Gee, this worried me a little bit.

I did buy the property with my children's father as joint tenants, but he no longer owns it as he has been bought out. My name is the only name on the register at Land Registry now and it is me paying the large(ish) mortgage each month.

So he has no claim on my property any more, right?

pollyanna24

RAS wrote: »

Were you married to the father at the time of their births? If not check whether he has parental responsibility https://www.gov.uk/parental-rights-responsibilities/who-has-parental-responsibility

Did you buy the house jointly or not? Joint tenancy or tenants in common? That effects what you can do with the property.

You can make sure that any assets left to the children are controlled by someone other than their father if you wish but the only case of which I know where the mother tried to make someone else guardian resulted in the father taking custody immediately after the funeral.

If you are on good terms with your ex then discuss what you would like to happen if you both died.

Again, I have bolded what worries me. Like I said, we did buy together as joint tenants, but I am the sole owner now. I do get why people stay joint owners after separation, but I wanted a clean break.

RAS

pollyanna24 wrote: »

Again, I have bolded what worries me. Like I said, we did buy together as joint tenants, but I am the sole owner now. I do get why people stay joint owners after separation, but I wanted a clean break.

Good, that means you can leave the property to the children. There was another case on the Housing forum in which the mother had paid the father to buy him out but he was still on the deeds! They were joint tenants and she thought that she had left the house to the children.

To make matters worse she had ignored the value of an overseas property that he wholly owned when making the split (DIY).