This is more of a situation that I deeply hope will never happen, and we have no intentions on doing anything in the USA other than visiting for future holidays, but...

Mrs TB and I have a 13 mth old daughter (our first and last as I'm nearly 50!). We are all dual Oz/Brit citizens (currently in UK but will return to Oz at some point). Our daughter's Godparents are my wife's cousin and her husband who live in New Jersey and they are named as such on her Christening paperwork.

Just as a curious question, what would happen if Mrs TB and I die at the same time and we said in our will that we wanted the Godparents to bring up our daughter?

I must stress, we are NOT considering this as an option to get our daughter into the US I just wondered. I have a sister in the UK and my Mother is still alive but due to age I doubt she will be with us for many more years. My guess is that the law would kick in and my sister would be appointed guardian? (we'd be fine with that also)

Instructions in a will are not legally binding, as far as I know, but may be taken into account by the courts.
Are your wife's cousin + husband U.S. citizens? They might have to adopt her in order to be able to bring her to the U.S. If not U.S. citizens, the immigration process could be more complex.

That's what I figured thanks. Yes, both Godparents are USCs, Godmother lived there since she was 3 and Godfather was born there (both Korean heritage). The reason we chose them over my sister was that my sister has her own kids but my wife's cousin cannot have children.

Having kids to multicultural/multi country parents is quite complex. Before we had her, my biggest consideration was who gets my bikes, watches and guitars

I don't know the answer, but if you currently have a will that is legal in the UK, other countries are not necessarily bound by it. If you relocate to Oz, you should get a new will drawn up that will be legal under Aussie jurisdiction. I suggest that each time you move to a new country, you create a new will that is legal in that jurisdiction and which supersedes all previous wills.

Ian

Thanks Ian. Good advice and definitely something we are on board with. I guess why question was really how any US authorities would view it? That assuming that the executor gets in touch with them/ attorney/ Godparents etc.

Don't waste too much time on it, the question was more one that my wife and I were discussing late at night over a cup of tea. More curiosity than anything.

Does 'godparent' have any legal meaning?

I don't reckon it does. Seems to have some leverage at birthdays and Christmas though

God parent isn't anything legally binding, the courts would firstly go to relatives in the UK, and if there was none, then it is likely that the children would be 'taken into care'. If you do want the children to go with certain people, then the correct way is to make them legal guardians should you die. I know this because I was named a legal guardian in a friends will if they should die, and this was specifically to avoid a battle between two sets of grandparents.

Thanks Mike, that's interesting to know.

Godparent has no legal standing.

Adoption my be possible but would not directly mean the child could immigrate. From memory to go say the I 130 route the child has to have been in your care for 2 years. Otherwise you are into Hague Convention etc which looks a pain in the but. And certainly would not be quick.

Thanks all. We'll do our upmost to stay alive

Except that most places do accept an out-of-jurisdiction will, as long as that will meets the local standards for validity.

Except that there's no such thing as "Aussie jurisdiction". Each Australian State/Territory has its own rules. Similar to the United States. Also similar to the United Kingdom - Scotland and Northern Ireland are often forgotten, but have distinct legal and judicial systems.


Sound advice. Although an out-of-jurisdiction will is usually still valid, to some extent, it is (usually) better to have a local will. Especially if settled permanently in that jurisdiction.

I am godfather in US to 2 teenage British girls living in UK. Am I safe if the parents die? (They already got divorced).

as has already been said. godparent has NO legal standing.

What do you mean by safe?