Appointing a guardian following your death

You can appoint one or two persons as guardian to your child. If you appoint two persons, you need to indicate your wishes following your death: 

• Both persons exercise custody jointly
  Additional conditions apply for joint custody.
  
  or
   
• One of the two exercises sole custody
  Indicate which person needs to be asked first to accept custody. 

You can have recorded in a will (via the civil-law notary) or in the custody register (via the court) who you appoint as guardian. Did you do both? Then the last custody registration (appointment) applies. In terms of law, it doesn’t matter if you appoint a guardian in a will or in the custody register. The consequences of appointing a guardian in the custody register or will are the same.

Does your child also have another parent? Then you can appoint a guardian alone, or together with the other parent. If you appoint a guardian alone, the other parent can do the same.

The guardian does not need to give prior consent for the designation (appointment) as guardian in the custody register or will. The moment a guardian needs to be appointed for the child, the person you have designated needs to accept the custody.

Do you have several children and do you wish to appoint a guardian to them in the custody register? Fill in the form for each child separately. Many parents appoint the same person as guardian for their children. You may also choose to appoint a different guardian for each child.

In order to appoint a guardian, you do not need to have custody of your child as parent (parental authority). If you pass away, your appointment is only valid if you had custody of your child at the moment of your death. 

Did you also record your appointment of guardian in a will (via the civil-law notary)? Then the last custody registration (appointment) applies. 
 

If you pass away, or if you and the other parent both pass away, a court hearing is usually not required if the appointed guardian accepts the guardianship. This is different if:

• you and the other parent die at the same time and each one has designated a different guardian.
• the designated guardian(s) cannot or does/do not wish to exercise the guardianship.

In that case, the Child Care and Protection Board talks to the child, the designated guardian(s) and the family. The Child Care and Protection Board investigates during the talks what is in the child’s interests. The court organises a hearing if required, and appoints a guardian for the child.

You can appoint a guardian in two ways:

Digitally

You need your child’s citizen service number and you log on with your DigiD (digid.nl)- You are leaving Rechtspraak.nl.

Submit digitally (in Dutch)- You are leaving Rechtspraak.nl

In writing

Fill in the form and send this to the court, together with the required documents. 

• Form Custody following death (in Dutch) (pdf, 652 KB)
• Contact information of the courts

Required documents for written appointment of guardian:

• Original copy of the birth certificate, dated and certified, not older than 3 months (available at your municipality);
• Copy of a valid proof of identity of the applicant(s).

The court processes your digital or written form. You receive an extract from the custody register within 2 weeks. The extract states the name of the guardian you have designated for your child.

You can amend a designated guardian in two ways:

Digitally

You need your child’s citizen service number and you log on with your DigiD (digid.nl)- You are leaving Rechtspraak.nl.

Submit digitally (in Dutch)- You are leaving Rechtspraak.nl

In writing

Fill in the form and send this to the court, together with the required documents. 

• Form Custody following death (in Dutch) (pdf, 652 KB)
• Contact information of the courts

Please enclose:

• Original copy of the birth certificate, dated and certified; not older than 3 months (available at your municipality)
• Copy of a valid proof of identity of the applicant(s)

The court processes your digital or written form. You receive an extract from the custody register within 2 weeks. The extract states the name of the guardian(s) you have designated for your child.