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: ‘love ya, Queensland, just as you are’

It was remiss of me not to write this column two weeks ago, for the June 6 edition, as it was Queensland Day: the More

Prominent swimwear group hits the market

A decades-old retail swimwear group that has outlets on a bustling tourist strip is set to change hands. The Noosa Swimwear Collective, which comprises four More

Jane Stephens: the facts, plain and simple

Mincing words is overrated. Bamboozling people with purple prose is overdone. Using weasel words is just plain rude. The clouds have gathered in our lexicon and More

Popular Sydney taco eatery coming to Coast

A cult favourite Japanese-Mexican restaurant is set to open a beachside venue on the Sunshine Coast, offering hundreds of free tacos to celebrate. TokyoTaco, which More

Ashley Robinson: all creatures great and small

I went to a wonderful celebration last week: the 4 Paws 20th birthday party at Headland Golf Club. It was a whole lot of fun More

Member spotlight: shaping the Coast’s new CBD

In partnership with the Maroochydore Chamber of Commerce, Sunshine Coast News is featuring the group members who are driving our local economy forward. From entrepreneurs 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 hidden when viewing the form
This field is for validation purposes and should be left unchanged.
[scn_go_back_button] Return Home
Share