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Wills and guardianship

Wills and guardianship

Old Oct 20th 2005, 12:55 pm
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Default Wills and guardianship

Not a nice thought I know, but something that has been plaguing me.

We hope to move to WA next year and we don't know anyone nor have any family there.

At the mo - if hubby and myself died my mum would get guardianship of my kids. However, if we've been in Oz a few years, kids would be schooling there, friends, made a life etc, and then we both died, I know that my mum would bring them back to UK which I wouldn't really want.

Has anyone else thought about this ? If so, come to any conclusions ?
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Old Oct 20th 2005, 1:30 pm
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Wink Re: Wills and guardianship

Originally Posted by ohippy
Not a nice thought I know, but something that has been plaguing me.

We hope to move to WA next year and we don't know anyone nor have any family there.

At the mo - if hubby and myself died my mum would get guardianship of my kids. However, if we've been in Oz a few years, kids would be schooling there, friends, made a life etc, and then we both died, I know that my mum would bring them back to UK which I wouldn't really want.

Has anyone else thought about this ? If so, come to any conclusions ?
hi,i totally understand your fears.myself ,my partner and our daughter are hoping to make the move next year too.we also dont have any family or friends in oz.if anything happened to us my daughter would have to come back to family in the uk.not a nice thought but a will has to be in place.at the moment we are trying to gather what imformation we can with regards to wills and gaurdianship.sorry i cant offer you any conclusions yet but if i find any useful imformation i will let you know.your not on your own,i will probably have had a nervous breakdown by thetime we get out there!! CHIN UP BEST REGARDS FROM FLAVINSKI
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Old Oct 20th 2005, 1:30 pm
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Default Re: Wills and guardianship

We are in same boat but think as ours is only 10 would send him back to UK for my Brother to look after, got to be better than Aus foster care.

As for Wills apparantly UK wills stand but you can add bits in Aus without re doing the complete thing.

Hope that helps.
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Old Oct 20th 2005, 1:37 pm
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Default Re: Wills and guardianship

Originally Posted by ohippy
Not a nice thought I know, but something that has been plaguing me.

We hope to move to WA next year and we don't know anyone nor have any family there.

At the mo - if hubby and myself died my mum would get guardianship of my kids. However, if we've been in Oz a few years, kids would be schooling there, friends, made a life etc, and then we both died, I know that my mum would bring them back to UK which I wouldn't really want.

Has anyone else thought about this ? If so, come to any conclusions ?
When I asked my mum a few years ago if she and my Dad would be the guardians of our (lovely) children she said no, we are lucky in in that in moving to Oz we would be closer to New Zealand where the children would go to my inlaws.

I think the most important thing for a child when a parent dies is that they can go on to recieve the same kind of love as they did from you, and so if it means going back to family in the U.K you shouldn't feel guilty.
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Old Oct 20th 2005, 8:59 pm
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Default Re: Wills and guardianship

Thanks for your comments. I didn't realise that UK wills still stood in Oz so at least I can cross that off my list for when we get there.

Will have to work on my mum to get her to move to Oz too (but maybe another state )

H
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Old Oct 20th 2005, 9:05 pm
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Default Re: Wills and guardianship

Originally Posted by ohippy
Thanks for your comments. I didn't realise that UK wills still stood in Oz so at least I can cross that off my list for when we get there.

Will have to work on my mum to get her to move to Oz too (but maybe another state )

H

Actually, I am not sure they do.

I moved to the UK and met my now Hubby we actually came back to Oz for the wedding. While we were here, as we were giving some $$ as a wedding present, we were advised to get a will in Oz as well as UK.

The solicitor here in Oz said that if you were in the UK and had posessions there you should have a UK will....however if you have posessions here in Australia (which we did eg; money in the bank) then we would need a will Australian end as well. The UK will wouldnt cover the money in the Australian bank?? Not sure if that makes sense or not...hehhe

But anyway, when you move to Oz and buy a new house or whatever, wouldnt you want to have a new will too??? I know we did.

H
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Old Oct 20th 2005, 9:13 pm
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Default Re: Wills and guardianship

Originally Posted by Hels
Actually, I am not sure they do.

I moved to the UK and met my now Hubby we actually came back to Oz for the wedding. While we were here, as we were giving some $$ as a wedding present, we were advised to get a will in Oz as well as UK.

The solicitor here in Oz said that if you were in the UK and had posessions there you should have a UK will....however if you have posessions here in Australia (which we did eg; money in the bank) then we would need a will Australian end as well. The UK will wouldnt cover the money in the Australian bank?? Not sure if that makes sense or not...hehhe

But anyway, when you move to Oz and buy a new house or whatever, wouldnt you want to have a new will too??? I know we did.

H
True - would need to change will with new address but not until we've bought as we'd be moving around. My main concern is the kids really - probably need professional advice
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Old Oct 20th 2005, 9:16 pm
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Default Re: Wills and guardianship

Originally Posted by ohippy
True - would need to change will with new address but not until we've bought as we'd be moving around. My main concern is the kids really - probably need professional advice

I think if I were in your situation (I dont have kids) I would definatly err on the side of caution.

It doesnt cost much to have will done out here. Ours only cost us about $90.

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Old Oct 20th 2005, 9:19 pm
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Default Re: Wills and guardianship

Originally Posted by Hels
I think if I were in your situation (I dont have kids) I would definatly err on the side of caution.

It doesnt cost much to have will done out here. Ours only cost us about $90.

Hels
Do you know if you can do your own like you can in UK ? Or does it have to be done by a solicitor ?
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Old Oct 20th 2005, 9:23 pm
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Default Re: Wills and guardianship

Originally Posted by ohippy
Do you know if you can do your own like you can in UK ? Or does it have to be done by a solicitor ?

You can get will kits here, but have never looked into the process and legality of one.

So far in my life I have had 2 seperate occassions where people have passed away and there have been issues with their wills. Personally, I wouldnt take the risk of their being any problems when I go. I want it cut & dried with no chance of anyone being hassled by a loop hole or red tape.

Its amazing how Wills can bring out the bad side of people and I dont what that happening over me....

Hubby and I went the solicitor route just to be totally sure that it would be watertight....(not that I am worried about my family, its his in the UK that concerns me).

Good luck with it....
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Old Oct 20th 2005, 9:27 pm
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Default Re: Wills and guardianship

Originally Posted by Hels
You can get will kits here, but have never looked into the process and legality of one.

So far in my life I have had 2 seperate occassions where people have passed away and there have been issues with their wills. Personally, I wouldnt take the risk of their being any problems when I go. I want it cut & dried with no chance of anyone being hassled by a loop hole or red tape.

Its amazing how Wills can bring out the bad side of people and I dont what that happening over me....

Hubby and I went the solicitor route just to be totally sure that it would be watertight....(not that I am worried about my family, its his in the UK that concerns me).

Good luck with it....
Thanks Hels for all that info

H
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Old Oct 20th 2005, 11:43 pm
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Default Re: Wills and guardianship

Originally Posted by ohippy
Not a nice thought I know, but something that has been plaguing me.

We hope to move to WA next year and we don't know anyone nor have any family there.

At the mo - if hubby and myself died my mum would get guardianship of my kids. However, if we've been in Oz a few years, kids would be schooling there, friends, made a life etc, and then we both died, I know that my mum would bring them back to UK which I wouldn't really want.

Has anyone else thought about this ? If so, come to any conclusions ?
We decided that if we died soon after arriving they'd go home to my parents (I'm not sure but they may not have the right to remain anyway) as they'd still be more familiar with UK and are close to family there.

However when we gain citizenship (as we'll have been here 2 or 3 years) we would probably prefer them to remain and, much nearer the time, would see if any family or friends who we make in the first few years become so close that the kids could, and would prefer to, stay here.

I think we have to be flexible and regularly review guardianship choices in writing and gaining the agreement of the proposed guardians regularly (maybe every 1 or 2 years) perhaps changing the criteria for guardianship as the kids and their relationships and needs change.
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Old Oct 21st 2005, 1:53 am
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Default Re: Wills and guardianship

Originally Posted by flip
We decided that if we died soon after arriving they'd go home to my parents (I'm not sure but they may not have the right to remain anyway) as they'd still be more familiar with UK and are close to family there.
If you arrived as permanent residents then they definitely *would* have the right to remain.

If they returned to the UK they would lose their PR and while they might try to get it back as young adults on compassionate grounds, success would not be easy.




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Old Oct 21st 2005, 1:55 am
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Default Re: Wills and guardianship

Originally Posted by JAJ
If you arrived as permanent residents then they definitely *would* have the right to remain.

If they returned to the UK they would lose their PR and while they might try to get it back as young adults on compassionate grounds, success would not be easy.

Jeremy
Good point but if we snuff it in the next couple of years I don't think they'll care, they'll just want to be with grandma. We'll try and hold out a little longer.

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Old Oct 21st 2005, 3:36 am
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Talking Re: Wills and guardianship

The UK will apparantly stands for the UK bits and the add on was for the Australian stuff you bought. But if you are going to solicitor for add on might as well get whole new will anyway.

Besides, I'm not planning on dying any time soon too much to do here... .
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