thread: Can someone with legal will experience help me

Hybrid View

Previous Post Previous Post   Next Post Next Post
  1. #1
    Matryoshka Guest

    Can someone with legal will experience help me

    I was wondering if anyone (possibly with legal experience) advise me on the best way to tackle writing a letter to accompany our wills?

    I have spoken to the public trustee who told us we can fill out the info online and they send us our wills. We are leaving custody of our boys to the paternal grandparents. We know we cannot prevent visitation with the maternal grandparents but were advised to include a separate letter with our wishes why we do not want visitation to occur or should they contest it, for it to be supervised at all times. He did say to be fairly specific, as in describing incidents where these people had been abusive and neglectful (to their own children). But i am not sure how much to write and how to go about it? do i use normal language? do i sight dates and in how much detail would i go?

    If anyone else has been through this process or something similar i would really appreciate hearing from you, its quite upsetting and stressful but i have to get it done.

  2. #2
    Registered User

    Jul 2007
    Rural NSW
    491

    I would in all honesty go and speak to a solicitor.

    I work for a solicitor who specialises in estate planning and there are a lot of different things to consider - some you might not have even thought about, you should also consider doing a power of attorney and enduring guardianship.

    I really think that it is money well spent and seeing as it is an important legal document it is better to speak to a professional about it.

  3. #3
    Registered User

    Dec 2007
    Sunny Qld
    14,682

    T - in your Will, make mention of the fact that you do not wish for such and such to have visitation - then refer it to an annexed page. The more detail you go into the better.

    If you need a precedent will to go by, I can find something at work for you.

  4. #4
    Registered User

    Dec 2005
    4,840

    I cant help you but I am very happy to hear you can make provisions like that in your will! I definately wanted to put something along those lines re my mother but didnt think you could. Will be interesting to hear what others have to say!

    (And you given me a reminder to remake our wills too, they are 4yrs out of date *eek*)

  5. #5
    Matryoshka Guest

    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.

  6. #6
    Matryoshka Guest

    Anna there are different laws for each state so you need to contact your state govt trustee.

    He has also given me a couple of numbers to call to gain advice so we can look at preventing contact now, finding out ours and their rights etc.

  7. #7
    Registered User

    Dec 2007
    Sunny Qld
    14,682

    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?

  8. #8
    Matryoshka Guest

    Yes thank you Mel, i would really appreciate that!