Donate Child Support Calculator
Skip navigation

Final Orders & Wills

How can court orders & last will & testaments interact - or SHOULD they?

Hopefully this will work - when lap tops die it gets frustrating!
I am updating my will - responsible grown up thing to do. Mine isn't that straight forward as our family is a His / Hers & Ours, but not as complicated as some.

My question is - When my partner does HIS will - can he add a perfectly legal clause in it to say that the Final Orders Dated Blah Blah regarding residential care & parenting matter for Master Son be transferred to HIS family (i.e. Me, his mum & dad) OR would we (if he did kick the bucket) need to go back to start and have new orders drawn up so that the Boy can still have some involvement with his paternal family? Given that if  Dad did croke - the mother would be more than likely extremely happy & would not want anything to do with us.

I was wondering if any others had thought about this predicament. Or if this has been address in these forums and I just can't see it.

As we are both young & well I don't anticipate the actual wills to be needed before the child is of legal age when orders expire - or do they? (that is another question though)

Thanks to all who may provide some light on this puzzling matter for me.
My understanding is that if a parent passes away while the child is still under 18, the living parent does NOT automatically gain any more care than they had under the existing orders. (Please correct me if I am wrong more learned/experienced site members)

And where there are children of a subsequent relationship, a step parent may apply through the courts for a percentage of care as a "representative" of their biological child - in order to maintain contact between the half-siblings.

Oh, and Grandparents can also apply for care

"Decide that you want it more than you are afraid of it."
Bill Cosby
Thanks Tulip, I really had no idea, but hope that IF (and very big IF) this situation were to occur that all parties understood what would happen.
You cannot gift children. Children and Orders are NOT property. Orders are between him and his ex and cannot be assigned or willed to a third party.

You would need to make an application to the Court.

Likewise should a lives with parent or spends time with parent pass away the child will at least initially live with the surviving parent - who else?

There is case law to support this.

SRL-Resources. the Family Law People on this site (look for the Avatars)  Non gender Professional and peer support for SRLs. Closed site, no public forums, no search engines, no lurkers, guests or the other side and their Lawyer and Friends.
I know that children are NOT property that can be gifted. Children are gifts and not chattels. I would hope though that the 'lives with parent' in this case would understand that IF the boys dad were to pass away that his fathers family didn't die with him and of course the same courtesy would be reciprocated, if she were to pass away. Thank you though for clarifying it some what for me.
According to your case, I think you need a legal advice. I know a firm called ??????????????? please contact this firm, to solve your problem.
1 guest and 0 members have just viewed this.

Recent Tweets