Legal Eye: Taking care of the children should be a well-crafted will's priority
A prudent will is key to the welfare of orphaned children
There can be no greater reason for parents to make a will than to ensure their children are properly cared for. The books A Series of Unfortunate Events, written by Daniel Handler under the pen name Lemony Snicket, come to mind. Each novel features a terrible adult who fails to take proper care of their orphaned charges, with disastrous results.
That is clearly something to be avoided. Appointing a guardian is the most straightforward way to ensure a child gets the best possible care if the parents die.
It is common to first appoint a temporary guardian who lives here and knows the children. This is the usual course for expatriates.
About 70 per cent of expatriates here do not even have a will, which is an extraordinary statistic
A temporary guardian can look after the children immediately after the parents' deaths, ensuring they are cared for until it is appropriate for them to return home. Once back home, arrangements to repatriate the children can begin, and the legal guardians, as stated in the will, can take charge.
Most parents say this is the best solution, and drawing up a deed for the appointment of a temporary guardian can be done easily and efficiently. However, few people will include such a provision.
About 70 per cent of expatriates here do not even have a will, which is an extraordinary statistic considering the negative impact on a child if both parents died.
Hong Kong law states that if one parent dies, the surviving parent becomes the guardian, either solely or jointly if someone else has been appointed. If both parents die, the court can appoint a guardian if one has not been named.
Anyone can apply to the court to be a guardian in the absence of a parent or other recognised legal guardian. The provision was introduced in 2012 to ease the problems faced by grandparents and other family members who were in line to become official guardians.