After the pandemic it is no longer to be taken lightly the welfare of minor children if the tragic situation arise that both parents demise. If the children are minors, then the pertinent question to be answered is what happens to the children’s care and concern? It would be prudent to look into ensuring that any will you leave behind can be applied to the local law of the country where you are currently residing or working. The concern is it to ensure that your minor children do not end up being made wards of the local court or child welfare system.
Young couples who relocate to Malaysia to work in jobs commonly bring along with them their family comprising a dependant spouse and children, either minors or of tender years. Most are not aware that should both parents demise, next of kin like grandparents, uncles and aunties do not have automatic rights of custody to their children. The recommended best action is to have a local will drawn up to name guardians in order to give notice to the Malaysian authorities of your legal intentions.
As the surrounding South East Asia countries are popular destinations for both work and retirement as well, it is necessary to consider how the local laws of each country will come into play in the protection of your children. In Thailand, the legal system similarly respects provisions in a will validly drawn up and enforceable under Thai law. It is therefore wise to at least be aware of the general provisions of the country of your choice of residence. A last will and testament in Thailand is governed by section 1656 of the (Thai) Civil and Commercial Code.
To consider another country, Vietnam in particular lists the paternal side of the family as natural guardians: Article 52 of the (Vietnamese) Civil Code 2015. This means a paternal grandfather is the favoured person under the Code rather than a paternal or maternal grandmother. This fact alone should awaken parents having children of tender years to seriously consider guardianship provisions. According to Article 54 of the (Vietnamese) Civil Code 2015, under the circumstance that a minor has no natural guardian, the Commune People’s Committee where such person resides must appoint a guardian for the ward. Notably, the selection of a guardian must be made in writing and notarized or certified. The rules are more stringent in Vietnam than elsewhere.
We have no hesitation to protect assets that is measured in monetary terms, so it does not make sense not to address protection of our minor children, especially where foreign legal systems are concerned. It is important to seek multi-jurisdictional expertise to ensure this task is ticked off. We are here to assist.
To learn more on :
How to make provisions in your will to safeguard your minor children
