100% Locally Owned, Independent and Free

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.

Jane Stephens: making sense of the Census

The Census might have an image problem. For many Australians, it is something to be endured, get annoyed at and resist. And it’s for More

Popular venue’s replacement decided

The future of one of the Sunshine Coast’s best-known waterfront venues has been revealed following its sudden closure, with new operators announcing a redevelopment, More

Ashley Robinson: service is more than a smile

To borrow a line from a popular radio personality-turned-corporate leader: “Is it just me?” When I interact with the service industry, it feels like things More

New beach bar brings Mediterranean flavours

A new Mediterranean-inspired beach bar has opened on the Sunshine Coast, with a trio of hospitality professionals joining forces to launch the venue. Olas Beach More

Linking uni’s big ideas with business

The architect behind some of the Coast's most transformative economic development projects has taken on a new challenge with the University of the Sunshine More

Supermarket bakery takes the cake at national awards

A Sunshine Coast grocery store's bakery department has claimed a top honour at a major retail event. The team at White's IGA Forest Glen was 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

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share