If I have full custody can I fully omit the other parent from being a guardian of the child when I die?

By default, based on Singapore's Guardianship of Infants Act the father or the mother shall be the guardian of the infant on the death of the other parent.

Source: Singapore Statues Online website, Guardianship of Infants Act

Having full custody however, does NOT automatically mean you can stop the other parent from being the guardian altogether when you pass on. Custody is awarded based on a variety of factors and the particular circumstance at that point in time, which might have changed upon your death.

If you want to stop the other parent from becoming the guardian altogether, consider speaking to the lawyer who had assisted you in getting full custody, as he/she would likely know in detail your situation. He/she will also be better suited to advise you on the steps to take accordingly.

Alternatively, you can also use the " Consult Lawyer" function in your platform and a lawyer will get in touch with you.

In terms of which option to choose in the platform, you can leave it as any option you deem fit and edit it after you have spoken with the lawyer. The draft Will will not be valid until it is printed out and signed in the presence of 2 witnesses who also signs the Will. 

!!!IMPORTANT!!! 

Stating your intention in your Will does not necessarily translate to a guarantee that the other parent is prevented from being the Guardian altogether. It may result in disputes down the road due to the rights of surviving parent as to guardianship which are in direct conflict with your wishes. As per above, you can appoint a testamentary guardian to act jointly with the other parent. If you want to stop the other parent from becoming the guardian altogether, consider speaking to the lawyer who had assisted you in getting full custody, as he/she would likely know in detail your situation. He/she will also be better suited to advise you on the steps to take accordingly. The section below is intended as a possible placeholder to be edited after you have spoken with the lawyer.

You can select "No guardianship clause"

and manually key in the following in the Select Clauses tab under Other Instructions

Appointment of Guardians

I wish to stop {NAME}, the other parent of my minor child(ren), from being the Guardian of my minor child(ren) entirely because {reason}. Instead, I appoint {Relationship}, {Name}, {ID No.}, to be the sole Guardian of my minor child(ren); failing which to be the joint Guardian with the surviving parent of my minor child(ren).

Should my appointed Guardian die before me, refuses to act or is unable to act, or his/her appointment does not take effect for any other reason, I appoint the following personnel in order of priority to replace him/her: 

(a) {Relationship}, {Name}, {ID No.}
(b) {Relationship}, {Name}, {ID No.} ....

Did this answer your question? Thanks for the feedback There was a problem submitting your feedback. Please try again later.

Still need help? Contact Us Contact Us