Will co-ercion by SS

[neverendingstory]

Just found out from executor of my sisters will that the only witness was SW and solicitor. The executor said that SS instructed and paid for the will and that my sister wanted her eldest daughter to be guardian of her son (my nephew). SW pointed out that if that was the case my nephew would be probably taken into care, so persuaded my sis to put me in the will. surely this isn't right?

[Aunty Lucy]

I don't know the circumstances of your case, for example if there was a living father with PR at the time of your sisters death.
I was told that my sister in laws will could only ever be a 'request' (she'd asked that her son go to her sister) as my nephews father was still alive, therefore the request in the will became invalid the second she died before the father.
I've also been told that a will doesn't really matter, as anyone named as testementary (i think thats the right word) guardians still have to go through the processes just like anyone else. There was a thread on here about it a while ago, I'll see if I can find it, not sure if it will help you though.

[neverendingstory]

eldest daughter was 19 and pregnant. Her elder brother was a threat to the family, drug addict etc. and was constantly breaking in and threatening the whole family. My sister was on heavy morphine at the time of writing of the will and I believe that SW being the only witness was a conflict of interests to suit LA getting out of paying kinship foster allowance.

[neverendingstory]

my nephews father didn't have PR and he has been in and out of prison most of his life. Two months after my sister's death he was back in prison for another offence for 4 years. So no-one had PR once she died.

[LLB]

quote:Originally posted by Aunty Lucy

I don't know the circumstances of your case, for example if there was a living father with PR at the time of your sisters death.
I was told that my sister in laws will could only ever be a 'request' (she'd asked that her son go to her sister) as my nephews father was still alive, therefore the request in the will became invalid the second she died before the father.
I've also been told that a will doesn't really matter, as anyone named as testementary (i think thats the right word) guardians still have to go through the processes just like anyone else. There was a thread on here about it a while ago, I'll see if I can find it, not sure if it will help you though.


I think that there was a posting called "Very confused" which was about 15 December. I know that I am still very confused as to the validity of those of us with SGOs who are suppose to be able to appoint Guardians in our wills. It just would not work when there are people with PR like the parents still alive.

I suppose that there are still fathers who don't have PR if the parents were not married but I am not up in this law. But I would have thought that a birth father whether he was in prison or not could apply for PR.

[Robin D]

Hi LLB.

As an SGO holder you have the right to exercise PR to the exclusion of all others with PR. This means you can take the decisions. The only point is that those who also have PR can apply to the court for specific orders if they disagree with your decisions. The right to appoint a guardian is specifically mentioned in the legislation and as far as I can see there is nothing that says the birth parents have to be deceased first. David might like to comment but my understanding is that you just go ahead and do it.

Robin

Grandparent carer in Suffolk [:)]

[David Roth]

We did have an interesting discussion about special guardians appointing testamentary guardians last year. Although it is in the power of special guardians to do this, the testamentary guardian does not gain the same exclusive power to exercise parental responsibility that the special guardian had. If they want this, they would need to make their own application for special guardianship.

David R
FRG Policy Adviser