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Discussion Starter · #1 ·
Hiya,

My husband and myself had an appointment at the solicitor regards making a will and appointing someone as a guardian to our child (soon to be children!) in the event of both of our deaths. He will draw up our will appointing the executors and says we need to do a letter to keep with the will addressed to the person we would like to appoint as the guardian, signed by us both, explaining why we want he/she to be the guardian and then this will be kept with the will. Is this right? Do we not have to refer to the guardianship issue directly in the will? How does the additional letter relate to the will?

Also, I know this is depressing and miserable but should we put in our will what we want to happen with our estate should something happen to all of us (us and kids) at the same time or is that going too far?(we  wouldn/t have much to leave)

Its a can of worms when you start thinking about it!!

Thanks
M
 

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It sounds like what you've been told isn't quite right.  A guardianship appointment is only valid if made in writing and signed and witnessed by two people i.e. the same requirements as for a will.  It's therefore normal to include the clause in your will - a separate letter wouldn't be valid unless it was also signed in front of two witnesses.

You should also certainly include a longstop gift in your wills in case something happens to all of you.  Though hopefully unlikely, it is conceivable you could be in an accident or something and all die together, and I imagine you would then prefer to specify who should benefit from your assets rather than leaving it to the law to decide.

Have you also been asked to think carefully about what should happen if you and DH die while your children are young?  It's important to consider who should be trustees (looking after your money and assets for your young children) as well as who should be guardians (with day to day care), and also to create the most appropriate form of trust for young children which ensures that they don't get too much too young, and that assets are held tax efficiently.

I do specialist wills for fertility patients which take account of these issues and others.  If you want to abandon your current solicitor and get some more specialist help, do get in touch.

Best wishes.

Natalie
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Discussion Starter · #3 ·
Thanks Natalie. I'm not sure what amount of work our solicitors have already done on this, but I have emailed you anyway with a bit more info and couple of questions.

Thanks again,

Moomin
 
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