Question Details: If I die, I want my youngest daughter to live with her university-aged sister, rather than her troubled father (from whom I am separated). Is there any way I can guarantee that this will happen?
Filed under Wills/Estates | 2130 View(s)
There are steps you can take to make it more likely she will live with her sister, but you cannot guarantee it.
The best thing for you to do is to write in your will that you want your elder daughter to be a testamentary guardian for your youngest daughter if you pass away. Then, if you die while your younger daughter is still a child, your elder daughter and their father will both be guardians of your younger daughter.
As a testamentary guardian, your elder daughter will be able to help to make important decisions in your youngest daughter’s life. However, she will not have the automatic right to provide day-to-day care for her younger sister. She would need to apply to the Family Court if she wanted day-to-day care.
On the Community Law website you can read more about guardianship: www.communitylaw.org.nz
And more about the Family Court:
It is also a good idea to talk to family members about your wishes. If they know your wishes, it might help them to make an arrangement without needing to go to the Family Court if you passed away.
Answered 29 May 2012. The IMPORTANT NOTICE below is part of this answer.
The answer provided above is intended for general informational purposes only and cannot be
considered a substitute for face-to-face legal advice. It should not be relied upon as the sole
basis for taking action in relation to a legal issue. Laws change frequently, and small
variations in the facts, or a fact not provided in the question, can often change a legal
outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or
publishers of the answer, for loss, damage or inconvenience arising in any way from the use of
this site. While each answer has been published by a lawyer with a practising certificate, that
person may not necessarily have experience in the particular area of law involved.