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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Not sure if you can help me. My step daughter in law, who is

Resolved Question:

Good morning
Not sure if you can help me. My step daughter in law, who is on dialysis and awaiting a kidney transplant, in her early 30's, has made a will saying if anything should happen to her then it is her wish that her partner will be his father. She has been told this is not possible and Social Services will be involved. Can you tell me if this is correct and would it be wise to get Josh to adopt him? If so, how do they go about this process please. She is currently in ICU having collapsed for the umpteenth time. Obviously she is very concerned about what might happen to her son who is 8 years old next week, if it came to the worst, as she is seriously ill. I have promised I will find out for her.
I look forward to hearing from you.
Kind regards
Mrs Carla Rigden
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Where is the biological father?

How long have she her partner and the child lived together?

Customer: replied 8 months ago.
Hi Clare
The biological father didn't have anything to do with her, he left the relationship once he found out she was pregnant. He has recently been in touch to get to know the son within the last 12 months. She has been with her current partner now for 7 years.
Hope this helps.
Carla
Expert:  Clare replied 8 months ago.

Is the father's name on the Birth Certificate?

Customer: replied 8 months ago.
In answer to your question the biological fathers name is ***** ***** the birth certificate.
Thank you.
Carla
Expert:  Clare replied 8 months ago.

Who has told her that her Will would not stand?

Customer: replied 8 months ago.
Hi Clare
Apologies for the delay in replying but my internet is down at home. I am told Social Services have said if anything happened to her then it may go to court and they could take her son away in spite of her written will. My husband is going to see her this afternoon to clarify this so once I hear from him I will email you further details.
So sorry.
Kind regards
Carla
Expert:  Clare replied 8 months ago.

Please tell her not to worry.

If she names her Partner as Testamentary Guardian in her Will then on her death her Partner will have Parental responsibility for thr child and Social Services will have no more right to remove the child from his care than they do from any parents care!

Social Services will only be involved if there is a problem

Please ask if you need further details

Clare, Solicitor
Category: Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thank you so much for your help. Your reply will I am sure put her mind at rest. I can't thank you enough.
Best wishes
Carla

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