Wills and the Addicted Child

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Wills and the Addicted Child

Darren Catton • Jan 08, 2019

Addicted Child — Redcliffe & Caboolture, NSW — Catton Roderick Lawyers

Protecting your Estate from a self destructive child claimant.

Sometimes, when a parent makes a will they will exclude an adult child from their will because that child is an alcoholic or addicted to drugs. The parent rightfully believes that if the child was to receive an equal share they would immediately lose it by spending it on drugs or alcohol.

Despite that all of the above is done with the best intentions by the parent this will not stop an application by the child for family provision.

The courts consider alcohol and drug addiction to be an illness not a life choice. The child’s addiction will actually improve their chances of success and increase their payment because they suffer from that illness.

Relying on the child’s addiction alone is not enough. The parent needs to take other measures to protect the addicted child from him or herself, such as establishing a trust for the child while the parent is still alive or preparing affidavits as to why they have omitted the child.

At Catton Roderick Lawyers we can help you take steps to ensure that your child is protected. Call us on 1300255750

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E Scooter — Redcliffe & Caboolture, NSW — Catton Roderick Lawyers

E Scooters

By Darren Catton • 27 Jun, 2019

E Scooters were introduced into Brisbane in October 2018. What most people don't know is that in December 2018 the Government introduced new safety laws for the scooters. Helmets are mandatory even though the scooters can only be ridden on footpaths (not roads or bike paths), must give way to all pedestrians and have a speed limit of 25 kph. The police have already given out hundreds of traffic tickets to riders and over a hundred riders were taken to hospital in scooter related injuries in the first 2 months. Recently, in Ann Street, Brisbane I had to quickly duck out of the way of a scooter driven by a young girl who was piggybacking a friend. Neither wore helmets and the driver seemed marginally in control. As the number of scooters increase injuries caused by scooters will also rise. The Government needs to make sure that persons injured by irresponsible riders have the same right to claim compensation as a person injured in a motor vehicle accident. Currently, the scooters are not vehicles for the purposes of the Compulsory Third Party Scheme.