Orphan Care Planning
Plan for the care of your children if both parents pass away. Guardian nomination, trust structure, will documentation, and trustee guidance.
Plan for the Care of Orphaned Children
No parent wants to think about leaving their children orphaned. But life is unpredictable. Accidents happen. Illness strikes suddenly. The reality is that both parents could pass away while their children are still minors. What happens then? Who will raise your children? Who will manage their inheritance? Will their money be safe until they become adults? Will they receive proper Islamic education? Will they be treated well?
Our Orphan Care Planning service helps you answer these questions and plan for the worst case scenario. We help you nominate guardians for your children. Guardians are the people who will raise your children if both parents die. You can nominate a couple or an individual. You can nominate alternates in case your first choice is unable to serve.
We help you set up a trust to manage your children inheritance. A trust is a legal structure that holds assets for the benefit of your children. The trustee manages the assets. They can pay for the children education, housing, healthcare, and other needs. When the children reach a specified age like 18, 21, or 25, the remaining assets are distributed to them. This prevents the children from receiving a large inheritance at a young age when they may not be mature enough to manage it.
We also advise on Islamic requirements for orphan care. The guardian must be Muslim. The guardian must be trustworthy. The trustee must invest the inheritance in Shariah compliant ways. The children must receive Islamic education. We help you document all of this in your will.
Do not leave your children fate to chance. Plan for their care today.
What's Included
Guardian Nomination
We help you nominate guardians for your minor children. Guardians are the people who will raise your children if both parents pass away. You can nominate a couple or an individual. You can nominate alternate guardians in case your first choice is unable or unwilling to serve. We advise on the Islamic requirements for guardians. The guardian must be Muslim. The guardian must be of good character. The guardian must be able to provide for the children financially or have access to the children inheritance. We help you document your nomination in your will.
Trust Structure Design
We help you design a trust to manage your children inheritance. A trust is a legal structure. You transfer assets to the trust. A trustee manages the assets. The trustee pays for the children needs. Education, housing, healthcare, and other reasonable expenses. When the children reach a specified age, the remaining assets are distributed to them. We advise on the type of trust that works best in Hong Kong. We advise on who should be the trustee. A family member, a professional trustee, or a bank trust department. We advise on investment guidelines. The trustee must invest in Shariah compliant assets only.
Will Documentation
We help you document your orphan care plan in your will. The will names the guardians. It creates the trust. It specifies how the trust should be funded. It specifies the trustee powers. It specifies the age at which children receive their inheritance. It specifies any special instructions. The will is drafted by our legal team and reviewed by our Shariah scholars. It is enforceable in Hong Kong courts. You receive a final will document that integrates your orphan care plan with your overall estate plan.
Trustee Selection Guidance
Choosing a trustee is one of the most important decisions in orphan care planning. The trustee will manage your children money. They will make decisions about spending. They will invest the assets. A bad trustee can squander the inheritance. A good trustee will preserve and grow it. We help you evaluate potential trustees. Family members are cheap but may lack expertise. Professional trustees are expensive but have experience. Bank trust departments are reliable but impersonal. We help you weigh the pros and cons. We provide a list of potential trustees with their fees and services.
Investment Policy for Trust
The trust assets must be invested in Shariah compliant ways. The trustee cannot put the money in a conventional savings account that earns interest. The trustee cannot buy conventional bonds. The trustee cannot invest in haram stocks. We help you write an investment policy for the trust. The policy specifies the asset allocation. Cash, Sukuk, halal equities, gold. The policy specifies risk tolerance. Low risk for short term needs. Higher risk for long term growth. The policy is binding on the trustee. If the trustee violates the policy, they can be removed.
Letter to Guardians and Trustees
Beyond the legal documents, we help you write a personal letter to the guardians and trustees. This letter expresses your wishes for your children education, upbringing, and Islamic development. It tells the guardians how you want your children to be raised. It tells the trustees how you want the money to be used. The letter is not legally binding but it provides guidance. It also gives your children a connection to you after you are gone. They can read your words and know that you loved them and planned for them.
How It Works
Initial Consultation
Schedule a free 30 minute call. We discuss your family situation. How many children? What are their ages? Who would you want to raise them? What are your concerns? We explain our services and provide a fixed price quote.
Guardian Selection
We help you identify potential guardians. We advise on Islamic requirements. We help you have conversations with potential guardians. Do they want the responsibility? Can they handle it? We help you document your selection.
Trust Design
We help you design the trust. We determine the trust type. We determine the trustee. We determine the investment policy. We determine the distribution age. We document everything in a trust deed.
Will Drafting
We incorporate the guardian nomination and the trust into your will. We draft the will. We review it with you. We make revisions as needed.
Execution
You sign the will with proper witnesses. We store a copy. You store a copy. Your executor receives a copy. Your guardians and trustees receive the personal letter.
Annual Review
We recommend reviewing your orphan care plan annually. Children grow older. Potential guardians circumstances change. Your wealth changes. We send you reminders. We help you update your plan as needed.
Frequently Asked Questions
If you die without a will, the Hong Kong courts will decide who raises your children. The court will consider the best interest of the children. They will look at factors like the proposed guardian relationship to the children, their ability to provide care, and any wishes you may have expressed informally. However without a written nomination, the court may choose someone you would not have chosen. Your children could be placed with relatives you do not trust. They could be placed in foster care. The court process takes time. Your children could be in limbo for months. A will with a guardian nomination gives the court guidance. The court will almost always follow your nomination unless the proposed guardian is clearly unfit. Do not leave this decision to the court.
The guardian is responsible for the person of the child. They make decisions about where the child lives, what school they attend, what medical care they receive, and how they are raised. The trustee is responsible for the property of the child. They manage the inheritance. They pay for the child expenses. They invest the assets. The guardian and trustee can be the same person or different people. There are advantages to separating the roles. A guardian who is also the trustee might be tempted to use the inheritance for their own purposes. Separation provides a check and balance. The guardian must request funds from the trustee. The trustee can question whether the expense is reasonable. We can advise on whether to combine or separate the roles.
There is no single correct age. It depends on your children maturity and your cultural context. Many parents choose 18 or 21 because these are legal ages of majority. At 18, your child is legally an adult. They can manage their own affairs. However many 18 year olds are not financially mature. They may squander a large inheritance on cars, travel, or bad investments. Some parents choose an older age like 25 or 30. By then, the child has likely finished education, started a career, and gained some financial experience. You can also stage the distribution. For example one third at 21, one third at 25, and one third at 30. This spreads the risk. We help you choose an age that balances your child need for financial support with their ability to manage money responsibly.
Yes you can specify how the trust money should be spent. You can require that the trustee pay for education, housing, healthcare, and other needs. You can prohibit the trustee from paying for luxury items, cars, or vacations. You can require that the children receive Islamic education. You can require that the children attend a specific school or university. However you cannot control everything. Life circumstances change. The perfect school you chose may close. The child may have different interests than you anticipated. A good trust gives the trustee discretion while providing guidance. We help you strike the right balance between control and flexibility.
If your children are not Muslim, the Islamic rules for guardianship and inheritance still apply. You are still responsible for their physical care and financial support. However you cannot require that they receive Islamic education. You cannot require that their guardian be Muslim. The guardian should be someone who will raise the children according to their own faith. This may be difficult for Muslim parents whose children have left Islam. We advise you to focus on the physical care of the children. Provide for their material needs. The spiritual guidance is between them and Allah. We can help you draft a will that respects both your faith and your children choices.
Our orphan care planning fee is typically HKD 2,500 to HKD 5,000. This includes the guardian nomination, trust design, will drafting, and personal letter. If you also need our full estate planning service including Faraid calculation and business succession, we offer a package for HKD 6,000 to HKD 10,000. We provide a fixed price quote before you engage us. You know exactly what you will pay. We believe orphan care planning is essential for any parent. If you cannot afford our fee, contact us. We offer reduced rates for those with financial hardship.