Setting up Guardians for kids

My husband and I are going away for a few days and leaving our children in the care of two DH. We have not left them before and I need to ensure that I have everything taken care of.


We have previously included in my husbands will who we would want to be our childrens guardians in HK should something happen to both of us while living here. Is this enough of do we need to have the relavant legal guardianship forms drawn up and signed ?

[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.


Regarding the necessity for relevant legal guardianship, it is both common and efficient to have a Deed of Temporary Guardianship in place in the event that something happens to you and your husband simultaneously.


There will be a gap period between the date of death and the time it takes to probate a will or alternatively make an application to court (which, depending on the situation, may take an indeterminate amount of time). Therefore, in order to prevent children from remaining without a legal guardian during this timeframe, the establishment of a Deed delegating legal guardianship will have legal effect until the will is probated.


Our typical charges for drafting a “Deed of Temporary Guardianship” range from HK$1,000. Please contact weirlaw@hongkonglaw.com for more details.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

Theatre Lane

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

email : WeirLaw@weirandassociates.com

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