+ Reply to Thread
Page 2 of 2 FirstFirst 12
Results 11 to 16 of 16
  1. #11
    SuperGranny's Avatar
    SuperGranny is offline Worlds best grandma! Winner 2012 - Most Helpful Member
    Join Date
    Jun 2008
    Location
    sunshine coast qld
    Posts
    6,320
    Thanks
    4,820
    Thanked
    2,919
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    I will just point out that even what is stated in a will can be contested by grandparents and or other parties. Godparents for the christening are not automatically the legal guardians. They are two different roles, can be the same people, but the choice of legal guardian is more important in the settling of a will. marie.

  2. #12
    Join Date
    Jun 2005
    Location
    At the beach
    Posts
    10,495
    Thanks
    1,430
    Thanked
    9,005
    Reviews
    3
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 postsEmerald Star - 10,000 posts
    Awards:
    Busiest Member of the Week - week ended 17/10/14100 Posts in a week
    Any will can be contested. But it's the best evidence of what the person wanted to do at the time they made it.

  3. #13
    Join Date
    Nov 2011
    Posts
    177
    Thanks
    0
    Thanked
    34
    Reviews
    0
    God parents are totally different to legal guardians. We just did our wills and appointed my brother and SIL as our children's guardians, should something happen to us.

    If there is no will in place, the children will likely go to the maternal grandparents.

  4. #14
    Join Date
    Aug 2013
    Posts
    2,236
    Thanks
    244
    Thanked
    790
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 posts
    I have a feeling if DS were left to someone (including my dad and stepmum) my MIL would contest it no matter what. I think she is a little more reasonable to him going to my partners cousin.
    I'd hate for our son to be dragged throw courts and prefer he be with the people we feel comfortable.

    In saying that my MIL is a really lovely person but I just think she would be the type to want him with her. Regardless of what we say.
    She hasn't taken care of him by herself at all. Luckily she is 12 hours away so I don't have to feel obliged. My father has taken DS on holidays with him for a few days which I feel comfortable with.

    If we were to assign legal guardians what would the chance be of a court siding with my MIL and giving him to her?

    It does make me nervous that she could possibly get him if something did happen to us.

    DP is against christening and baptising etc. so we haven't done anything like that.

  5. #15
    TheGooch's Avatar
    TheGooch is offline Winner 2014 - Newbie of the Year
    Winner 2016 BubHubs DIVA Award
    Join Date
    Jan 2014
    Posts
    5,201
    Thanks
    9,195
    Thanked
    4,789
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    Awards:
    100 Posts in a week
    We have just done our wills before bub is born.
    We have set guardians (provided for 2 options in the will) and sorted out a trust for our bub if something happens to one of us. But also if something happens to both of us, everything we have goes to bub - with the proviso that funds can be used for the care and education of our bub. There are trustees from both families to determine that.
    It's kind of a morbid topic but so important. We have also made it very clear to everyone what will happen so there's no confusion.

  6. The Following User Says Thank You to TheGooch For This Useful Post:

    HillDweller  (10-09-2014)

  7. #16
    Join Date
    Apr 2014
    Location
    Roleystone
    Posts
    1,805
    Thanks
    2,486
    Thanked
    2,222
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    Quote Originally Posted by SimmyN View Post

    If we were to assign legal guardians what would the chance be of a court siding with my MIL and giving him to her?
    Almost none. As long as you were in sound mind when you made your Will, and the legal guardians you have appointed are not someone the court would see as unfit parents, they will allow your Will to stand.

    Contesting a Will is a lengthy and expensive process. It's been deliberately made that way because otherwise there would be no point in making a Will anymore - no-one would have any faith that their wishes would be complied with.

    It sounds like the guardians you have chosen are willing and able to take on the role if need be. (PS: Well done for taking the initiative to think about this, you'd be surprised how many people don't really give it any thought, and how many people don't have a Will - that includes about 80% of the lawyers in my office!! )


 

Similar Threads

  1. Same sex parents or parents to be chat!
    By Best Things in forum Same Sex Parents
    Replies: 805
    Last Post: Yesterday, 18:46
  2. Replies: 0
    Last Post: 18-12-2013, 17:47
  3. Why do single parents get less than partnered parents?
    By BlissedOut in forum Family Finances
    Replies: 63
    Last Post: 22-11-2013, 15:27

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
FEATURED SUPPORTER
Billington StreetFor stationery as unique as you are! ♥ Handmade, custom designed stationery for all of life's celebrations WINNER ...
FORUMS - chatting now ...
I think I'm pregnant and I'm freaking out!Pregnancy Tests & Help / Support with Results
Positive or negative? Clear blue or First ResponsePregnancy Tests & Help / Support with Results
@Nattie84General Chat
HGC lelvels stressed please helpConception & Fertility General Chat
Largest bassinets on market?Pregnancy & Birth General Chat
Growth Of Intellection. Discussion?General Parenting Tips, Advice & Chat
REVIEWS
"Pigeon teats rule!"
by Alex
Pigeon PP Wide Neck reviews ›
"Wonderful natural Aussie made product!"
by Mrstwr
Baby U Goat Milk Moisturiser reviews ›
"Replaced good quality with cheap tight nappies"
by Kris
Coles Comfy Bots Nappies reviews ›