Wills and guardianship
#1
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 ?
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 ?
#2
Just Joined
Joined: Sep 2005
Posts: 20
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 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 ?
#3
Joined: Oct 2005
Posts: 9,066
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.
As for Wills apparantly UK wills stand but you can add bits in Aus without re doing the complete thing.
Hope that helps.
#4
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 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 ?
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.
#5
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
Will have to work on my mum to get her to move to Oz too (but maybe another state )
H
#6
Account Closed
Joined: Jul 2004
Posts: 4,235
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
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 $$ as a wedding present, we were advised to get a will in Oz as well as UK.
The solicitor here in Oz said that if you were in the UK and had posessions there you should have a UK will....however if you have posessions here in Australia (which we did eg; money in the bank) then we would need a will Australian end as well. The UK will wouldnt cover the money in the Australian bank?? Not sure if that makes sense or not...hehhe
But anyway, when you move to Oz and buy a new house or whatever, wouldnt you want to have a new will too??? I know we did.
H
#7
Re: Wills and guardianship
Originally Posted by Hels
Actually, I am not sure they do.
I moved to the UK and met my now Hubby we actually came back to Oz for the wedding. While we were here, as we were giving some $$ 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
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
#8
Account Closed
Joined: Jul 2004
Posts: 4,235
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.
Hels
#9
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
It doesnt cost much to have will done out here. Ours only cost us about $90.
Hels
#10
Account Closed
Joined: Jul 2004
Posts: 4,235
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....
#11
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....
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....
H
#12
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 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 ?
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.
#13
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 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
#14
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
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
Flip
#15
Joined: Oct 2005
Posts: 9,066
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... .
Besides, I'm not planning on dying any time soon too much to do here... .