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Responsibilities in a UK Will... And PR Visa can the two work?


The Burrells

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Can anyone point me in the right direction please?

 

i am a designated legal guardian in a UK Will. Should a Mum and Dad die I am to be responsible for their son if he is still a minor. If the unthinkable were to happen and im living in Aus on a PR could the minor come out here or will there be some massive legal conflicts????

 

Looking forward to any responses!!

 

Thanks Tania

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The child would need a visa so you would have to go through that process, but there is an orphan relative visa which might be appropriate.

 

However before then, I believe you would have to go through UK courts to get custody, you can't be granted this through a will.

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The child would need a visa so you would have to go through that process, but there is an orphan relative visa which might be appropriate.

 

However before then, I believe you would have to go through UK courts to get custody, you can't be granted this through a will.

 

Bungo thanks so much i kind of figured there would be lots of issues. I believe that kind of battle is probably not the best for the lad so i guess ive got some bad news to deliver to the Mum and Dad!

 

thanks again for such a speedy response.

 

Tania ?

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Bloody good question and I admire your thoughtfulness Tania.

 

Sounds like you know what you'll do, so good luck.

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I guess it would also depend on how much connection they would want the child to have with their extended family - moving him away from the rest of his natural family in addition to losing parents would probably be too cruel. Let's hope it's only a hypothetical and never comes to pass. Good that you are ahead of the game though!

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The child would need a visa so you would have to go through that process, but there is an orphan relative visa which might be appropriate.

 

However before then, I believe you would have to go through UK courts to get custody, you can't be granted this through a will.

 

I posed this question to an agent, many years ago, about custody of my niece if the stuation arose. The orphan relative visa was the one I was told would be needed and in the circumstances would be granted fairly easily once I had custody. However as the kid has got older I have come to realise that it would mean me moving back there, couldn't remove her from everything familiar.

Hopefuly it will never arise, either for me or the OP

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