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.

Ashley Robinson: the dogged pursuit of the truth

There is an old saying: “Men occasionally trip over the truth. They quickly get up, dust themselves off and pretend it never happened.” I reckon More

New hinterland cafe promising to bring French flair

A taste of France is coming to the Sunshine Coast hinterland, with the opening of a new cafe serving authentic crepes, homemade cakes and More

Human-centred AI reshapes Sunshine Coast industry

A Coast startup, Blue Seas AI Consulting, is shaping how local businesses adopt artificial intelligence. Only 18 months after launching its AI-focused services, the Buderim-based More

Caloundra SMSF advisory firm wins major national recognition

Caloundra-based boutique firm Vivacè Advisory was named SMSF Firm of the Year at the 2025 SMSF Awards, securing one of the industry’s most competitive More

New chapter for bistro as acclaimed family takes helm

An award-winning hospitality family has swapped Brisbane’s inner city for the Sunshine Coast, taking the reins of one of Maroochydore’s most elegant dining destinations. Sarah More

Big-name tenants help push asset sale over $5m

A property leased to well-known auto service brands has sold for just over $5 million, in the latest of a string of big-money local 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