WA Terminal Ex, providing for dependants

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Tom39

Member
19 July 2021
3
0
1
Perth
Hi, so my EX has a terminal illness, we have been seperated via a semi messy separation; lawyers/mediation, disfunctional relationship since.

We have 2 kids, I have tried to enquire as to what her plans/wishes are for the kids, also what provisions are in place in her will.

She has a partner of several years who has his own place and hasn’t lived with her fulltime.

Her sister shares parenting with me atm in lieu of her; I’m told she will not seek custody or to be a guardian.

So I have the uncertainty of not know what financial provisions are in place; we have typically shared costs, I’m told by one of my children that there is a provision for school fees until they finish.

She has a property which was paid off, she has since redraw $120000 against it, also it has a pipe burst and has sustained water damage. I believe it was insured, however her nephews son’s friend it’s staying there rent free whilst it is being repaired; I drive past the other day and it doesn’t seem to have any work happening.

What should/can I do to insure my children receive the full inheritance; and that money is set aside for their upbringing; ideally the house would be repaired and rented out with the proceeds used for their upbringing.

If she has her sister as the executor, what power can she have over the financials, ie. can she control the money? If I have costs like dental braces can she choose to not share in the costs?

TIA