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 accidental gardener

I am getting a much clearer picture, looking into the window of possible retirement, with a carrot being dangled frequently by Old Mate about More

New burger spot headed to Coast

An Australian restaurant chain known for its bold burgers and celebrity following is set to open on the Sunshine Coast as part of a More

Global retailer expands to Coast with new store

Japanese apparel giant Uniqlo has announced plans to open its first Sunshine Coast store, bringing one of the world's largest fashion brands to Sunshine More

Odour concerns prompt intervention at hinterland facility

An organic waste processing facility on the Sunshine Coast has been ordered by state authorities to investigate the source of odours and implement a More

Next stage of tourist attraction revamp unveiled

Plans have been revealed for the next phase of a tourist attraction revitalisation. A development application has been submitted to make key changes to popular More

Jane Stephens: dangerous and everywhere

“Look out, lady! I’ll make you a f*in’ speedbump.” At least, that’s what I think the kid said. He was moving so ridiculously fast that 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