kids and wills

Hi guys


I was recently told that if you don't have a will, which my husband and I don't, then the kids will be looked after by the government. Is this right?


Thanks,

i think you'll find social welfare will take care of the kids until someone else can be found.

the thing i'd be worrying about is anything you own would be sold off, and after gov't takes a slice out of everything, not much would be left.

simple, go and get a will.

Hi SallyP


My wife and I learned that if we both passed away at the same time, our kids would become Wards of Court, meaning that they would be in the care of the HK Govt (probably Social Welfare or Social Services, as Superoo stated above) until they reach majority, if a suitable guardian could not be found.


As the appointed guardians in our Wills live overseas, the chap from Phoenix Wills in HKG suggested that we appoint temporary guardians who live in HKG to take care of our children before the Social Welfare guys get their hands on our youngsters, saying that the children would be in a very traumatic state, and should be taken care of by people with whom they are familiar, and kept well away from the HKG Govt, as well intentioned as they may be!


Sound advice, I figured!


I don't have the guy's email address in my phone, but his office number is 3100-0101. His name is Bradley.

As superoo and asiamiles say.


The important thing is that guardianship of the kids is according to your wishes.


You should definitely draw up a will. We used Tracy Lau at Haldanes. 2868 1234.

Question: if you have relatives, next of kin etc, in Hong Kong... will the children automatically go to your next of kin (in the event of there not being a Will)? Or do they still go to the govt first?

I don't know the HK specifics but in most countries where the state has custody the children DO become wards of the state if there is no will regardless of relatives in country.


In practice though if there are relatives around those relatives will pick the kids up and take care of them. The state will not necessarily come and pick up the kids from the relatives. The state is still "in charge" but may allow the kids to stay with the relatives until final custody is decided. More practical for everyone.

Gosh it's very important to have a will as soon as you have babies coming along, isn't it! This is very informative, thanks.

VERY VERY important.


If you do draw up a will, remember to make it somewhat "open-ended", so you don't have to rewrite the whole thing if you have more kids.


Also, remember to have your spouse inherit before the kids.

Hi all


Asiamiles suggested I join this forum to give my two cents worth!


There are several issues that have been raised here, so let's address them one by one, baring in mind that the whole purpose of drafting a Will in the first place is to ensure that your wishes are taken into consideration in as easier a way as possible, ensuring that as little additional stress as possible is placed on the loved ones you've just left behind!


Slammy asked if the children would automatically go to the next of kin if no Will was in place. Mostly probably yes, unless the Govt determined that the next of kin were unsuitable. In all likelihood, once the next of kin heard of your demise, they would immediately rush over to pick up the children. The Govt would be happy with this situation temporary and, again assuming no Will is in place and no-one contests the situation, they may accept it as a long term solution. Slammy, the Govt would also be trying to do what is best for the children.


Another issue this discussion raises is, whilst the children may end up with the preferred guardians, a properly drafted Will would have made provision for the additional expenses the next of kin are now incurring.


Slammy, if there are no children on the way yet, but there are assets held in different jurisdictions, be they property, vehicles, or even simply bank accounts, I would strongly suggest that a Will is drafted. Someone has to wrap up your estate, no matter how large or small, so a Will just facilitates this process and guides the administrators of the estate in the direction you'd prefer.


Please feel free to look up the very extensive information on our website, www.WheresTheWill.com


The bottom line is that a Will is essential! So please, contact your lawyer or contact me, but please just do something to help ease the strain of those you've left behind!


Have a great weekend, folks!

Bradley

m) 9258 9002

w) 3100 0101