Legal Guardianship

I would be interested to know that as well.

I'm glad I read this thread...my husband and I are different nationality, both our parents live in a different country (his have a bad relationship due to bitter divorce...plus the idea of paternal grandparents getting automatic guardianship!!!arrggh!).

Does make you realise how important to get things organised just in case...
 
wow, this thought didn't even cross my mind. what an insightful thread... i'm bookmarking the above website (profwills.com) and definitely discussing this with my husband.

out of curiosity, who did you all appoint as guardians?
 
with the interest of the child comes first. mine is my own brother in australia. i like the way he bring up his kids ,so i aked him and he agreed..
is it expensive to draw up a will mainly for legal guardianship? how much does it cost?
 
Hi, you would normally appoint guardians in your Will. For this reason alone, a good idea of having Wills done. You can also appoint temporary guardians to look after your kids pending the arrival of guardians if they are overseas.
 
My husband and I have had this conversation but totally disagree... I would prefer for my parents to raise our child if we died for a few reasons - they are younger, they have a child who is 11, they are still married, I personally prefer their "parenting style"... but my husband would prefer for his mother to raise our child... it's SO hard to come to an agreement on an issue like this!! I know we NEED to do it though...
 
If your named guardians live outside HK you def need temporary guardians appointed or you run the risk of the children being taken into care to wait for their arrival. With the regularity that people travel in HK, it was an issue for me to choose friends for this. For that reason, we are selecting our helpers to act as temporary guardians - if we were not around they are the people my baby would feel most comfortable with and that I know would care best for her needs in the short term. Probably a good idea to ensure they are able to authorise emergency medical care in your place if need be too.

Not nice to think about but good to be prepared!
 
beckveldman said:
SAR International, http://www.profwills.com/

They are very thorough and familiar with wills in various jurisdictions. As an expat in Hong Kong you may be in need of more than one will, depending on the place you are from originally.
Click to expand...

I contacted pro wills company mentioned above to sort out guardianship for my daughter and our wills. I am sorry to say we had a HORRIBLE experience with them. They made an error while quoting us the total cost and then denied it, became rude and aggressive. I have never had such a bad experience with a professional company I must say, so I would not recommend them to anyone, quite the contrary.

We found out later (from a great and polite lawyer) that in Hong Kong you can also appoint guardians with a "deed", not only with a will. It is a simple and not too costly procedure, so for people not having assets in HK it may be a better option.
 
we asked my brother as well. he has two kids of his own. and he and his partner are FANTASTIC parents.

my hubby's parents are already in their 70s and my b-i-l and his wife have no children and really no idea what's involved in raising kids. i also have some religious issues with them, although it doesn't overlap into our everyday interactions. i DO NOT want my children raised in their religion.

we, too, have to get wills drawn up...i didn't know that you could just have a "deed" done up...

any idea of the costs of the two procedures?
thanks!
 
I was recently told by a lawyer in HK that you do NOT need to pay to have a will drawn up.

You can just write down who you want the guardian to be etc.; have it signed by two witnesses and it is legally binding. Anyone know if this is true??
 
Pro wills quoted us 8000 HKD for mirror wills + guardianship letters. After we agreed to that price, they added 1000 HKD for "non-storage fee" and after that they said they will bill the initial phone conversation (!!!) for 1450 HKD. That is why I would recommend to stay clear from these people.

My friend did a Hong Kong wills with another firm for around 2000 HKD. I have not yet been quoted a fee for the "deed", I will post when I know.
I am also interested to know whether simple written document will be considered legal by HK authorities.
 
Hey elizaveta,

Wow thanks for this post!

I was actually going to use Pro Wills too based on the recommendation here. I did also call them, but then never got back to them to make and apt. as I thought their fees were ridiculously high and they seemed very aggressive to get my business which always turns me off.

If you can let me know more about the other lawyers and/or firms that you have had better recommendations for, I would greatly appreciate it.
 
holy cow! that's a lot of moola for a will, isn't it???

well, i'll have to find someone more local to do it as that is WAY out of my price range!
 
We used a Hong Kong law firm to set up our Advanced Directives and Last Will and Testaments last year, and will be updating those once baby is born.

We were told, being US Citizens living in Hong Kong, if something should happen to both of us, because we have no family members present in HK, that HK law requires our personal effects be sent to probate here in HK. Once sent to probate, it could take months for HK courts to determine what happens to assets, etc.

We also assume this means if you have no 'intermediate guardian' established, or have not assigned a local attorney to represent your wishes/interests - your children will also be taken into government care until your next-of-kin (default, paternal grandparents) are contacted and can get to HKG.

Therefore, we plan on assigning our helper as an 'intermediate guardian' and our lawyers as our 'local representative' - until my mother can get here, as we have decided she will be the permanent legal guardian if something shall happen.

It is important to have a local attorney be involved, as someone needs to have notarized copies of your will and needs to coordinate with your embassy/consulate and the HK government to make sure things are executed according to your wishes until your next-of-kin can get here. We initially used a firm called Oldham, Li & Nie (http://www.oln-law.com/), but they weren't too familliar with US law, so we plan to look around once baby is born. The US consulate website has a good page with list of firms - http://hongkong.usconsulate.gov/acs_attorneys.html
 
thanks for the info... we are in slightly a different position as i'm canadian and my hubby is local chinese...
 
Our children's guardian lives in HK so we wouldn't have need for an attorney....I will try and find out if a simple written document will suffice in lieu of a lawyer drawn up will....because that would cost nothing!
 
Deed of Guardianship cost

Dear all,

FYI: I have been quoted today price for "Deed of Appointment of Guardian" and the "Letter of appointment of temporary caretakes / guardians in HK": 2300 HKD.

So seems to be way cheaper solution if you do not want to have a will drafted for your HK estate.
 
I have spoken to a lawyer friend (based in UK) and the law for the UK (am pretty sure it is the same in HK, as most HK law based on UK law) is that you do NOT need a lawyer drafted will or letter appointing a guardian.

You can write the letter yourself, and have it witnessed and it will be perfectly legal and binding.
However she does advise a lawyer doing it, espec. a will, just to make sure everything is worded right and it makes sense.

However, while waiting for a lawyer drawn up will/guardian letter, it might be a good idea just to jot down who you would want the guardians to be and have it witnesses, just in case (touch wood!).
 
Hello! I am interested in drawn up will/guardian letter for my son. I am wondering does anyone has template (prefer non-complicated one) for it or do you know any website offering free template? My husband and I do not want to hire lawyer to write it........

Sucellia
 
It is correct that you don't need a lawyer to draft a will for you. You also do not need banks to issue cheques - you can write one on the back of a napkin if you wish.

The point is, will such documents be accepted in a court or is there a risk that they may be challenged?

With something so precious as the lives of our children, isn't it worth investing a few thousand to get the job done properly and minimise the risk of any problems later on?
 
Guardians and Wills.

A number of questions and answers posted above - I would just like to add that one should name their guardians within their Wills, but do a separate Deed for their Temporary Guardians (TG), which they hold. As TG, you can use your amah, (helper), but also put down an Executive Person as well. That person fights off officialdom, while the helper takes care of the children. Guardians can be anyone, but in the event of your death-s, you need to check that they will be able to bring your children into their country. Mostly this is the case, but there are exceptions! If you do not name guardians, the courts will decide who will be the best guardians and so appoint. All for now,
Professional Wills Ltd - Hong Kong.
 
You must log in or register to reply here.
Back
Top