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Your Kids in Your Will

 

Most parents will agree: your children are the most precious things in life. So you deserve to have peace of mind in knowing they will always be treasured and cared for. The unfortunate and sometimes harsh reality of life is that it is not a certainty. Because of this, it is important for parents to consider the question “who would I want to look after my kids if I were to pass away?”

In New Zealand children under the age of 18 require a legal guardian. Ordinarily, if one parent passes away guardianship of their children will remain with the surviving parent; you possibly already have this written in your Will. However, things can become complicated if you are estranged from the other parent, or if both parents die at the same time.

If you and your child’s other parent are separated and the court has decided that you have sole custody of the child, it is natural that you would not want guardianship to pass to the other parent if you were to pass away. For this reason, it is important to include a ‘guardianship’ provision in your Will; it will ensure you have continued control over the care of your child, even after you are gone.

In your Will you are able to name a ‘testamentary guardian,’ which is a person who you trust to make good decisions for your child’s care, wellbeing, education, and financial situation should you pass away. This person can be anyone you feel close to and trust, but are commonly aunties/uncles, Godparents, or close family friends. In choosing someone it is important to consider their age and ability to keep up with a child’s active lifestyle. You should discuss guardianship with your chosen person before including them in your Will so you both know how the other person feels and what is expected of each other.

We understand that young parents lead busy lives, and between the school runs, nappy changes and endless meal preparations it can be impossible to find the time to see a lawyer and get your Will prepared. So why not do your Will online now and get it instantly.

Create your Will online now

Disclaimer: The information on this page is general information only and must not be relied on as legal advice. Legal Beagle is not a law firm or a substitute for a law firm. We are unable to provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defences, options, selection of legal documents or strategies.  

 

 

 

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Legal Beagle is not a law firm or a substitute for a law firm. We are unable to provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defences, options, selection of legal documents or strategies.
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