Protect Your Children! – 保障孩子

Protect Your Children! – 保障孩子

Protect Your Children! – 保障孩子 1200 800 Alfred Ip
Reading Time: 3 minutes

Alfred Ip discusses legal considerations necessary for the protection of children. Why it is crucial to make a Will and keep children sheltered from the immediate impact of the Probate process, while assuring that (permanent and temporary) guardians have been appointed to take care of the needs of your loved ones.

The event is part of the #ProtectYourChildren campaign. From 9 November – World Adoption Day – to 6 December 2020 Hugill & Ip Solicitors celebrates Adoption Awareness Month. We wish to spread awareness about issues related to the protection of minors and to raise funds to benefit the children without families and pregnant teenagers in Hong Kong.

Every contribution to Mother’s Choice counts. Our vision is to see every child in a loving family, giving hope and changing the life stories of vulnerable girls and babies.





00:30 Worst case scenario – 最壞情況

01:38 Wills – 遺囑

02:18 Guardianship appointment – 監護權的委任

02:58 Temporary guardianship – 臨時監護權

Act now!


We will write your Deed of Guardianship for direct donations to Mother’s Choice!

Donate a minimum of HK$4,800 from 9 November to 6 December 2020 and then book your appointment with us before 30 April 2021. Your donations can benefit your children or you may nominate a friend or someone in need via Mother’s Choice families’ network.




Children are keys to families and future. They represent hope and aspiration. They are the most invaluable assets. Parents play the key role in their care and upbringing.  Hence any risk suffered by the parents would have detrimental effects to their children.

In Hong Kong, a lot of families have parents who are both income-generating.  In the event of untimely death of one parent, the family’s wealth may become vulnerable. A lot of people have the misconception that, in the event of death, the surviving spouse will inherit everything automatically. Under the intestacy rules, the surviving spouse and the children can share the estate, but the surviving spouse must nominate someone to co-administer the estate if the children are minors. It creates unnecessary stress and burden to the surviving spouse in the succession process. For those families with one parent being the sole breadwinner, the death of that parent would have a major blow to the family. The dependants may immediately lose their income source, putting them in a financially vulnerable position during the succession process. In the event of death of both parents – for example in an accident – the children immediately become orphans.

All parents are advised to make a Will to designate someone as the executor and specify who will inherit the estate.  The benefits are:

  1. simplify the succession process, allowing the surviving family members to have access to family wealth quickly;
  2. designate a reliable person as trustee to the family wealth, and hold on to it until the children reach a certain age;
  3. the trustee will look after the children’s financial needs including education, activities, medical and daily needs until they become independent.

It is also advisable to appoint someone as children’s guardian with a Deed of Appointment of Guardianship, so that there will be someone looking after the children when the parents cannot look after them anymore. Desirably, the guardians will be different from the trustees.  The trustees will assume the responsibilities of the children’s financial needs, while the guardians will look after the children’s care and upbringing. They work together to ensure that the children will continue to grow in a stable environment, and benefit from the family wealth after they have grown up.

If the guardians do not reside in the same country, it is also desirable to appoint temporary guardians to look after the children until they are in the hands of the permanent guardians. Permanent guardians can come over and pick them up, or temporary guardians can bring them over to the permanent guardians with such costs reimbursed from the estates. Without the Deed, anyone who wishes to assume guardianship of any minors after their parents passed away would have to apply to Court. The Court would consider such application carefully, having considered the circumstances of the children and the intended guardians.

It is a lengthy and costly process, and it may attract dispute if more than one relative wish to become the guardians.





  1. 簡化承繼過程,使尚存家庭成員能夠更快分配到財產
  2. 指定一個可靠的家庭財產的受託人,直到孩子達到一定年齡爲止
  3. 受託人將照顧孩子的財務需要,包括教育,活動,醫療和日常需求,直到他們獨立為止。





This video is for informational purposes only. Its contents do not constitute legal or professional advice.

Alfred Ip

Alfred assists high net-worth individuals (HNWIs) in handling their wealth-related issues, such as contentious and non-contentious trust and probate, mental capacity, family office, amongst other wealth management matters. He is also a leading Dispute Resolution lawyer with over 20 years of experience in Hong Kong. Moreover, Alfred helps clients with issues regarding Family Law.

All articles by : Alfred Ip
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