I need some legal advice please if anyone can help. I'm in the UK.....?

What would happen to my son if my husband and i died. He is nearly two. We would want my parents to be his legal guardians as he sees them three or four times a week and they are very close. We do not see my husbands dad (mum died).





We have not made a will yet and are planning to do so, but what would happen if something were to happen to us without a will. We are going away this weekend and he will be with my parents. What i'm trying to say is could anyone come along and take him away from my parents and put him into a foster home (sorry if i sound naive, i have no idea about these things) or could he stay with them until they can become his legal guardians.





Thanks very muchI need some legal advice please if anyone can help. I'm in the UK.....?
Under English law, the usual way of ensuring who is to look after your child in the event of both parents dying is to have a will and in the will you would both appoint a testamentary guardian or guardians. The wording would be something like:





'; In the event that I am the sole surviving parent of x (child's name) I appoint y and z to be his testamentary guardians.';





I would point out that children are not treated under the law as chattels (goods), so parents can't just leave them to anyone unsuitable - it is always open to anybody who thinks the children should be with someone else to make a residence application to the Court under the Children Act. Because of this, if there is any likelihood whatsoever that anyone might object to the appointed guardians, I always ask the parents to leave an explanatory letter with the will, stating why they have chosen those particular people rather than anyone else. The usual reason would be because the children see the chosen guardian regularly and know them, or because they are more suitable in some other way. This gives guidance to the court and any welfare authorities, and would be an important factor to consider in any court hearing.





In your particular circumstances, as you are not intending to make a will before going away, I suggest you both leave a letter appointing guardians in the event of your death. The letter should be dated and it should be witnessed by two adults who should not be relations or the proposed guardians (even the postman would do as a witness if you can't find anyone!). The 2 witnesses should both be present in the room together and actually witness your signature. The letter should then be placed in a safe place where it can be easily found if necessary.





PS MissyDoo is wrong saying godparents would be chosen in the event that you haven't appointed anyone. They do not have any legal standing, and indeed would be unlikely to be chosen over close blood relations unless a VERY good case could be made out for them in court, which is unlikely. Godparents are not always close, and what if they are agnostic? I was personally chosen as a godmother many years ago, and have never considered it necessary to do anything, as the parents knew of my belief on this score, and I haven't seen my god daughter more than a few times in her life (she is now about 50) as we lost touch.I need some legal advice please if anyone can help. I'm in the UK.....?
The child welfare office will step in, but in all likelihood the child will be left with the grandparents. Their aim is to provide the best for the child, and it is obvious the grandparents (providing they are able) are the best choice.





But more seriously, MAKE A WILL!!. It takes very little time to draw up a simple will. There is no excuse, even on short notice, for not preparing a will. In the will, you can set out your own wishes for your child.





Problem solved.
Your husband is nearly two?
Get a solicitor to draw up a will and make provision in it for that to happen.





My daughter did just that with her little boy saying that we gave her a happy childhood and she knew we would do the same for him. Thankfully it has not come to that.





You do hear of some horror stories about social services but most officers are trying to do their best for the children. like most professions you do get some right head bankers and then it all goes wrong because the managers feel they have to back their staff
No not just anyone could come along and take him. He would be taken to live with either your parents or your husbands parents. I think they could choose whom wanted him but if they started to fight over him then they might have to go to court and that would be a mess. just state whom you want your son to live with in the event of your death. Also i know where i live that if you legally make someone your child's god parents in the event of your death your kids would go live with the god parents. You should get a will done soon if you are that worried about dying.
i dont want to scare you but,the Social work department would be right in there messing it all up,they would ask if your parents werent too old,and the kid would probably end up in care,will or no will.until your parents got some good legal adviser,to sort it out,take care.i saw two parentson TV at the beginning of the week,monday i think on breakfast television trying to get there three kids back after being cleared of harming them by social services,they had a bone deficiency that made their bones crack.even after a Top Judge had said there had been a miscarridge of justice,they still have to fight to get their kids,the social services say its in the best interest of the kids that they stay with the foster parents now.they always mess thing up.