You and the Law – 5th July 2011

Question of will

My mother has decided to make me an executor of her will.  It’s something I don’t want to do.  I would like to give the responsibility to a solicitor.  Is that possible?  CN

When the time comes you can decline to act as executor, in which case the other executors will take over.  If you are named as sole executor, then someone else, probably the person next in line to benefit most from the will, will have to apply to take on the job.  But it’s very common (and often the most sensible approach) for someone to act as executor and still give the work to a solicitor.  The solicitor’s fees may be paid out of the estate.

Losing touch

Our son had a relationship with a girl some years ago, which produced our only grand-daughter, who is now nine.  The couple split up, and our son has been paying maintenance for his daughter via the CSA.  We now discover that the mother has married and is planning to emigrate. We thought our son’s consent would be required for his daughter to be taken abroad?  LD

Since the couple weren’t married your son won’t have parental responsibility for his daughter unless he’s taken steps to acquire it.  He could apply for parental responsibility now and object to the move, but unless he’s been an important part of her life it’s likely the court would grant permission for your granddaughter to be taken abroad.  However, it would probably impose conditions to allow your son a continuing relationship by contact, whether indirect or direct or both.  He should discuss this further with a solicitor specialising in family matters.

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