Introduction to Guardianship

By | Guardianship, Inheritance, Intestacy, Legal, Uncategorized, Wills | No Comments

Appointment of Testamentary Guardians The appointment of testamentary guardians is rarely considered by parent, but it is highly desirable that they should consider who should look after their children if both were to lose their lives while their children are under eighteen. The appointment of a testamentary guardian can only be made by a person with parental responsibility. What is Parental Responsibility? The legal definition of Parental Responsibility is the rights, duties, powers, responsibilities and authority which by law a parent has in relation to their child and their property. This includes: Providing them with a home maintaining them Choices about their medical treatment How and where they are educated Deciding their name It does not include a duty to maintain the child financially, all parents have this duty regardless of whether they have parental responsibility. More than one person can have parental responsibility for the same child at the…

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Understanding the decision in Ilott v Mitson: Does your will now mean nothing?

By | Executor, Inheritance, Legal, Wills | No Comments

The recent case of Ilott v Mitson caused a bit of a stir in the media over its possible impacts on testamentary freedom in England and Wales. ‘Your will means NOTHING’ was the headline in the Express, with similar headlines in the Mail and the Telegraph and much of the media named it as a landmark or ground-breaking case. Much of the reporting of the case was done without a full account of how the decision was made and is likely to be an overreaction. The Law The Inheritance (Provision for Family and Dependants) Act 1975 allows a child to apply for an order (for a lump sum or periodical payments) where the deceased has not made reasonable financial provision for their maintenance. In such a case the court can make an order for a lump sum or periodical payments that will, directly or indirectly, pay for the costs of…

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