Lone parent - making a will

minimoneysaver

Okay here goes....

As per title, I am a lone parent. I have a two and a half year old daughter. My ex is on the birth certificate, so I believe he has parental responsibility. He doesn't see our daughter very often, maybe once a month max. His parents only ask to see her a couple of times a year. Both him and his parents have open access to my daughter, but don't request to see her much at all. I am going to make a will, but before I do, does anyone know if I can "leave" my daughter to my parents? I can't think of a better way of saying this! My parents are both in their very early 50's, fit, healthy and very wealthy and to top it off they see my daughter at least once a week, so know her and her routines very well.

mum2one

You may hit a snag as if your partner has parental responsibility he may have legal rights, obviuosly a solicitor will be able to give you the correct response.

My ex isnt named on birth cert, and as it was not a pleasant relationship, how i did my will was in the event of my death that my parents were to be named as legal guardians and in the event of them not able to be around, then I have nomintaed my best friend, she executor of the will, apart from a couple of Nigel Hemmings prints, Im worthless. x

Its not the easiestthing to write a will, but in the long run, your wishes will be granted x

hobo28

Since your ex has parental responsibility, your daughter will go to him. The only way that changes is if there is a court order specifying that he has access and not shared residence. In that event you can nominate a guardian in the will.

That said, it wouldn't stop him from going to court and nowadays who knows what the courts may decide.

minimoneysaver

Oh no, I really hope that this isn't the case. She doesn't even know him. Surely the courts would look favourably at my parents and the fact that they are the ones who see her more than anyone.

blinkingbank!

Single parent, and I made a will 2 years back stating that My mum have my kids if I were to die. I did it through a solicitor and was told that unless kids dad waited them (which he doesnt) then it will be fine... maybe you should ask your solicitor about it...? Good luck !!

minimoneysaver

Thanks, that makes me feel a bit better about it. Not that i'm planning on going anywhere, but if I do, I want to know that my baby girl will be well looked after! x

basil92

minimoneysaver wrote: »

Okay here goes....

As per title, I am a lone parent. I have a two and a half year old daughter. My ex is on the birth certificate, so I believe he has parental responsibility. He doesn't see our daughter very often, maybe once a month max. His parents only ask to see her a couple of times a year. Both him and his parents have open access to my daughter, but don't request to see her much at all. I am going to make a will, but before I do, does anyone know if I can "leave" my daughter to my parents? I can't think of a better way of saying this! My parents are both in their very early 50's, fit, healthy and very wealthy and to top it off they see my daughter at least once a week, so know her and her routines very well.

If you and your ex werent married he wont necessarily have parental responsibility, unless you have signed legal documents which allow him this. Make a will asap stating that you wish your daughter to go to your parents, beacuse she has little contact with her father, but sees her grandparents regularly. Whilst your ex could contest your will, the courts would take into account your wishes and the current circumatances, along with the best interests of your daughter. I did exactly that when my child was young. see a solicitor for more advice, but if you state your wishes in a will, it cant be ignored, especially under the circumstances you have described. Hope this helps? all the best

hobo28

blinkingbank! wrote: »

Single parent, and I made a will 2 years back stating that My mum have my kids if I were to die. I did it through a solicitor and was told that unless kids dad waited them (which he doesnt) then it will be fine... maybe you should ask your solicitor about it...? Good luck !!

I think that's the point. If he wanted them, I don't think your will would stand up.

In OP's case, there's a chance he would.

Actually I forgot to ask. How old is your daughter? If she was born before Dec 2003 then he still does not have PR.

minimoneysaver

She was born August 2005 and we were not married. It is interesting to see everyones responses. I wonder if there is a solicitor around to comment?

basil92

minimoneysaver wrote: »

She was born August 2005 and we were not married. It is interesting to see everyones responses. I wonder if there is a solicitor around to comment?

well then he doesnt have parental responsibility. you can put what you like in your will, in your daughters best interests, and your wishes would be taken into consideration. see a solicitor they will advise you. making a will is very sensible in your position

minimoneysaver

Basil92, I thought if his name was on the birth certificate he did have parental responsibility? Arghhh, this is so confusing.