Detailed description
With a custody order, parents or single parents have the opportunity to decide in advance who should represent their minor children as guardian after their death. The appointment of a guardian takes place in the form of a so-called last will and testament, i.e. through a will or inheritance contract.
If there is no custody order, the court will decide, but always in the best interests of the child. However, even if there is a custody order, the court will decide whether the named person is suitable as a guardian. However, the court can only deviate from the custody order if there are legitimate doubts about the suitability of the proposed person.
With the custody order, you can not only name people and a substitute guardian to represent the child, but you can also explicitly exclude people from guardianship.
Before you name a guardian in your custody order, you should talk to them and inform them. Furthermore, children who are 14 years or older can object to the custody order. To ensure that the interests of all parties are protected, you should update the custody order regularly and adapt it to changing circumstances.
The custody order can also be combined. In addition to naming a guardian, you can also stipulate specific requirements for the administration of the inherited assets and separate the guardianship from the care of the assets and divide them between different people.
In order for your custody order to be implemented after death, it is particularly important that it can be found. You have various options for storing the custody order: In addition to storing it with the potential guardian, you can place the custody order in the form of a will in special official custody at the probate court for a fee.
After the deposit, the custody order remains in effect until the child named in it reaches the age of majority and the custody order expires. If you want to revoke the custody order, you must notify the probate court and order the termination of the deposit.