Guardian appointed by will or other instrument

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Guardian appointed by will or other instrument

Unread postby Admin » Wed Oct 03, 2012 10:42 am

Guardian appointed by will or other instrument

A testamentary guardian can be appointed either by will or other instrument to take effect on the death of the person appointing. No special form is necessary in appointing a guardian. If the intention to appoint can be fathered from the instrument it will be sufficient. Thus where a testator provided in his will that a certain person will be his executor and on his death will manage his properties and will educate and maintain his sons it is held that it amount to appointing that person as the guardian of the person and properties of his sons. Similarly where in a will a request is made to a person to care and manage his house and children after his death it is held that such a direction constituted that person to be a testamentary guardian of his children. so also a direction to executors to manage the property during the minority of the legatee is held to constitute them as testamentary guardian. But in another case where the parties are shia, the father appointed an executor by will and recommended him to keep him properly and spend rupees thrity per mensem for the purpose. it is held that such a direction in a will did not approach a specific appointment of executor as guardian of the son. it only gave direction to the executor as to what is to be expended for education and maintenance of the minor and expressed a hope that the executor would personally look after the same.
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