The recent passing of Barbie Hsu has sparked a lot of interesting discussions on estate planning for parents with minor children, especially on topic of guardianship for single parents and divorced parents. Below are four things you need to know about Guardianship of Minor under Singapore Law:
Most divorced parents would retain joint custody over their children, by default, unless agreed otherwise.That also means, when one of the parents passed away, the other surviving parent will assume the full custody of the children.The surviving biological parent will be the defacto sole legal guardian of the children. And will have the control of children inheritance asset by default, unless specific control and measure have been put in place.
Section 6 of Guardianship of Infants Act states the right of surviving parent as to guardianship of the children.
Section 3 of the Guardianship of Infants Acts states that the welfare of the children is paramount consideration for the court to make decision. If the court has sufficient proof of neglect, abuse, financial instability, the court may allow appointment of non-parent as guardian in the best interest of children.
Additionally, Section 5 of the Guardianship of Infants Act allows non-parent to apply for guardianship if they can prove that:
Take note that Singapore court tends to prioritize biological parents unless there is clear evidence of neglect, abuse or incapacity.
Section 11 of the Guardianship of Infants Act states that the court will take into regard both the wishes of surviving parent and children.
In the case of Barbie Hsu, from Singapore Law perspective: Although she is remarried to DJ Koo, her ex-husband Wang Xiaofei remained as joint custodian to their children. Under Singapore Law, he will automatically be the sole legal guardian of the children. For DJ Koo to assume guardianship, he will have to prove that Wang Xiaofei is unfit to care for the children. Similarly, for Barbie Hsu family to contest the guardianship, they have to prove it is in the best interest for children.
1) Accept that your ex-spouse will be the de-facto legal guardian of your children
2) You can appoint a guardian to act jointly with your ex-spouse on behalf of your children
3) Instead of will, do up Trust to hold your asset that is meant to benefit the children.
Consult estate planner and trust lawyer in drafting Trust for benefit of your minor children, and to protect your asset to fall into hands of your ex-spouse.
