The deceased had young children. How are their rights protected?
Parents of children under the age of 19 should take care to appoint a guardian of their children in their Wills in the event there is no surviving parent with custody of the children. Parents should ensure that the named guardian is willing to take on this important responsibility and consider the costs of caring for the children. The surviving parent with legal custody, or the Guardian appointed by the Will or the Court is responsible for protecting the child’s rights. If a Will does not appoint a guardian for a child under nineteen and there is no surviving parent with legal custody of the child, the Public Guardian and Trustee becomes the guardian of the estate of the child and protects the child’s legal and financial rights. The Director, Child and Family Development of the Ministry of Children and Family Development becomes the guardian of the person of the child and looks after health, education and upbringing. A relative or other appropriate person may apply to court for Guardia
