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.
