I think anything in a will can be contested, but there is more risk with regards to guardianship because the courts might deem your chosen guardian(s) unsuitable for whatever reason.
I remember seeing a heartbreaking current affairs episode where a 60yo grandmother was denied custody of her grandson after his parents death because the courts deemed her too old to raise a toddler. She was in good health (for a 60yo) but also lived with her 80yo husband who was rather frail. Neither of them had any major health concerns. But somebody contested the will and the vicious court battle resulted in all contenders being deemed unsuitable. The boy was placed in foster care and the grandmother only got to visit him for one hour a week. Prior to his parents death, the grandmother had previously babysat him on weekdays whilst they were at work.
PS: Of course this was likely a one off extreme ruling that the current affairs shows always seek out to provide interesting news. I doubt it would be the normal state of affairs.
Last edited by sweetseven; 19-05-2012 at 08:18.
I guess you need to think about if there's anyone involved with your child's life right now, who might contest guardianship. I am pretty sure that noone will contest in my case as DS only has my parents as a family here in Australia and his father doesn't want anything to do with him.
Yet I will definitely talk about this with my solicitor. Thanks for this info sweetseven
You don't have to make a full will just make a document stating your wishes for your son, and money to support him if you have that and take it to a jp to sign and have witnessed make sure you have discussed it with your parents
Edit: this only works if no one is going to contest it.
Mine is very specific as to visitation with my parents, fob and my sister as my brother and exsil will have joint custody of ds should anything happen to me. No one is left out and we all discussed what would happen
Last edited by daysta112; 18-05-2012 at 22:26.
I will be keeping an eye on this thread, cos there's no way I want my kids going to their father's if I pass, they will be going to their aunty and uncle's if I can help it. There's an avo against my ex for me and the kids anyway.
Last edited by lulu 2; 19-05-2012 at 16:08.
You can make a suggestion, but it's up the court's to decide who's fit to parent your child.
I am very worried about what would happen to DD if I were to die - her father hasn't seen her since she was 3.5 (she's nearly 7) and doesn't even live in the same country. I'd HATE for him to get custody of her, and I don't think it'd do any good for her either tbh... to be sent to live overseas with a man she knows abandoned her.
It cost me $150,- to get my will drawn up with my solicitor. I think the price depends on how complicated it is. Mine is straightforward. Everything I own gets sold and goes into a trustfund for DS to access when he is 30. Until then he will need to ask the executioner (my father for now) for money if he wanted to purchase something.
Again, no father here, so it should be straightforward once again. My parents should get guardianship regardless if a court would deem them unfit or not. Seeing as noone will contest, it would never have to go to court anyway.
So yes, if you are worried what will happen to your DS/DD if you pass before they're 18, it would be definitely worth it to contact a solicitor and discuss your options.
It might cost a bit, but it's your child's future.
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