If you don’t appoint a legal guardian for your children in Malaysia, and if there is no surviving parent with parental rights, the court will step in to determine the guardian for your children. The court will make its decision based on the best interests of the children.
In the absence of your appointed guardian, the court will consider various factors such as the child’s age, wishes, and well-being when selecting a guardian. The court will prioritize the welfare and stability of the child in making its decision.
It’s important to note that leaving the decision of guardianship to the court can result in uncertainty and potential disputes among family members. Therefore, it is highly recommended to appoint a legal guardian in your Will to ensure that your wishes are known and respected, and to provide clarity and stability for your children during challenging times. By appointing a legal guardian, you have the opportunity to choose someone you trust and who shares your values and parenting philosophy, which can provide peace of mind for you and your family.