Guardian Declaration
A Guardian Declaration is a different type of will in which you can state in writing who you wish to be granted custody of your children if you pass away before your children reach the age of 18.
If you have children under the age of 18, we recommend that you make a Guardian Declaration will, as it provides reassurance that your children will have the best possible upbringing in the event of a sudden death. A children’s will also reduces the risk of the children being placed with an unfamiliar foster family.
Ultimately, it is the Family Court that decides who is to be granted custody of your children if both parents pass away. The Family Court is therefore not legally bound to follow your wishes stated in a children’s will, but the content of a children’s will will be included in the assessment of what is in the best interest of the children. For this reason, the Family Court will often follow the parents’ wishes set out in a guardian declaration.
The Family Court places particular emphasis on the reasoning behind your wishes. It is therefore important that you explain in the children’s will why you believe it is best for the children that the named person or persons are granted custody.
A guardian declaration can be prepared as a separate document, or it can be included as part of a standard will concerning the distribution of assets. At KROMANN Law Firm, we have many years of experience in all types of wills and can therefore advise you on the solution that best suits your situation.
CONTACT US TODAY
Contact KROMANN Law Firm today on tel. +45 8618 1102 or by email at kontakt@advokatkromann.dk if you need assistance in connection with the preparation of a children’s will or a will concerning the distribution of assets.
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