100% Locally Owned, Independent and Free

Can I draft my Will to ensure my ex has no contact with my children?

Do you have a news tip? Click here to send to our news team.

Ashley Robinson: good humans rain down

At the time of writing, ex-Tropical Cyclone Alfred was still impacting the Sunshine Coast – not as much as predicted but enough to still More

Strength of character: gym owners vow to rebuild after flood

The owners of a gym that was overrun by floodwaters say they will "stop crying and rebuild" the well-attended business. Jill Bingham and her husband More

Rare cancellation of markets as cyclone nears

A popular market will go ahead this weekend at this stage although a host of others have been called off. The Noosa Farmers Market, held More

B2B: Interest rate reduction improves borrowing capacity

The latest decrease in interest rates by the RBA of 0.25 per cent per annum not only eases borrowers' monthly cashflow issues but also More

Jane Stephens: scamming truth will set you free

It is said that a lie will run around the world while truth is still putting its boots on. I am an optimist of the More

B2B: Excluded children claim it was all mum’s fault

It is not uncommon for parents to exclude children from their will – especially where the relationship between the parent and the child has More

Myth: “I can make sure my ex has no contact with my children through a clause in my Will, right?”

Wrong!

Appointing a Guardian of your infant child doesn’t necessarily mean your child will live with that person.

The Guardian you nominate in your Will will have the care of your child only if the other parent has passed away.

If there is a dispute as to guardianship, it may be necessary for Family Court Orders to be obtained.

A Guardian will have the ability to make various decisions about a child’s day-to-day care and where the child lives and goes to school.

Choosing the ‘right’ Guardian is a decision requiring careful consideration
of many matters, including whether the Guardian is to be in charge of the ‘purse strings’. A

Will usually contains a clause allowing an Executor (and not the Guardian) to advance money for the child’s maintenance and benefit.

You should obtain legal advice to properly prepare your estate plan to address guardianship issues.

Trent Wakerley is a Director at Kruger Law. He is an expert in Will disputes and also a Sessional Lecturer at the University of Sunshine Coast in Elder Law and Succession and a member of the Queensland Law Society Elder Law Committee.

 

Subscribe to SCN’s free daily news email

Hidden
This field is for validation purposes and should be left unchanged.
[scn_go_back_button] Return Home
Share