Thanks Mel, whats a precedent? He said the letter will go with the will but will never be opened unless it went to family court.
Kylie you're right and i wish we could but we just can't afford it, and thats why its been put off for so long. I now just need to get something out there and i figure thats better than nothing at the moment.
Hopefully one day we can get a proper one done up.
T - a precedent is a document that is like a template - you change it to suit your circumstances, but its basically the same. Thats all solicitors do anyway (not to diss solicitors, considering I work for one!!)
I'll check out the legislation for you for WA and see how different it is to Qld. They usually don't differ too much. Then I can email you some precedent stuff if you like?
OK - I just checked out the Wills Act for WA (yes I really DO have no life ) and there is nothing in the legislation that states any specific way of doing it.
I'll have a look through our precedents on Thursday if you can wait? I don't work till then.
The letter that he said you should write is effectively for the judge.
While you can state a preference for care of your children etc in your will (as you have by the sound of it) in the end it will be up to a family court judge to decide what is in the best interest of the children if there are any arguments over what should happen to them (sometimes people just accept what is in the will - it only goes to court if there are any issues).
So in your letter just state your reasons. Don't try for fancy wording to try and make it sound legal and don't make general statements. Don't write "X was neglectful" write something like "We don't feel that X should be left in charge of our children for any time unsupervised because X left their own children at home unsupervised when they were only 6 years old and we do not feel that this is appropriate behavior" or whatever the actual circumstances were.
Basically, you won't be there to speak your mind so this is your opportunity. It can be as long or as short as you want but should have details - not necessarily dates but good examples that go toward forming the opinion that you have.
Also, if you are worried about it ask about a power of attorney and enduring guardianship as well. These are documents that are a bit like a living will. Because your will doesn't come into play until you die but it may be that you are terribly injured in an accident and unconscious and not able to make decisions for the care of your children and this is when these documents are useful.
Good luck. Making a will is never a pleasant process but it is a really important thing to do.
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) and there is nothing in the legislation that states any specific way of doing it.
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