Establishing guardianship

The birth of a child brings many new responsibilities. You think about a safe environment, a good school and a stable future. But have you considered who will take care of your child if you are no longer around? Establishing guardianship is essential to avoid uncertainty and legal complications. In this article, you will learn why it is important to formalize guardianship in a will, how to arrange it and what options are available. 

What does "establishing guardianship" mean? 

Establishing guardianship means determining who will take on the legal care and upbringing of your child if you pass away. If you do not make any arrangements, the court will decide who receives guardianship. This process can take time and create uncertainty for your child and other relatives. By appointing a guardian in your will, you ensure that you decide who will continue raising your child. This provides peace of mind, clarity, and security for both you and your family.

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Why establish guardianship in a will? 

Establishing guardianship in a will has several advantages: 

  • you maintain control: you choose who is best suited to care for your child; 
  • faster resolution: your decision prevents lengthy legal procedures in court; 
  • tailored to your wishes: in addition to a guardian, you can also appoint a backup guardian in case the primary guardian is unavailable; 
  • financial protection: you can appoint a trustee to manage your child's assets until they are old enough to handle them independently.

How to establish guardianship? 

Appointing a guardian is done through a will, which you draft with a notary. During the consultation, you discuss your wishes and the legal options available. 

Step 1: Discuss your wishes 

Consider who could take on the care of your child. This could be a family member or a close friend. Choose someone who: 

  • shares your values; 
  • is capable of taking on the upbringing; 
  • is willing to assume this responsibility. 

Step 2: Obtain the guardian’s consent 

Before appointing a guardian, it is important to discuss this with the person. Ensure they agree and are aware of the responsibilities involved. 

Step 3: Formalize it with a notary 

The notary will draft an official will in which the guardianship is established. This will is then recorded in the Central Register of Wills. 

Frequently asked questions about establishing guardianship 

Here we answer some frequently asked questions: 

Can I appoint a guardian without a will?

Yes, it is possible to appoint a guardian through the custody register. This is a simpler and cost-free way to establish guardianship. However, the downside is that you have fewer options to include additional wishes, such as appointing a trustee. Additionally, guardianship must be registered separately for each child. A will offers more customization and certainty, allowing you to arrange everything for all your children at once. 

What happens if I haven't appointed a guardian?

If you have not appointed a guardian, the court will decide who will take care of and raise your child. This can lead to uncertainty and delays. Family members are often considered, but you have no control over this decision. 

Can I change the guardianship at any time?

Yes, as long as you are alive, you can amend your will. This may be necessary if your situation changes, such as a divorce, a new relationship or other personal circumstances. 

Do you have any other questions? Our experts are ready to assist you. 

Practical tips for establishing guardianship 

  1. Plan ahead: Consider who you would like to appoint as a backup guardian. This is especially useful if the primary guardian is unexpectedly unable to take on the responsibility. 
  2. Appoint a trustee: Choose someone to manage your child's assets until they are of legal age. This provides financial security. 
  3. Inform those involved: Discuss your choices with family members and the guardian to prevent future misunderstandings. 

Why choose Westvaer? 

At Westvaer, we understand that establishing guardianship can be an emotional process. We guide you step by step to legally formalize your wishes. Our experienced notaries advise you on the available options and ensure that everything is handled clearly and professionally. 

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