ths ppt is based on testamentary guardianship sec 9 of hindu adoption and guardianship act it includes difinition, poweres.need ,when testamentary guarduian is appointed n by whom?who can b appointed as a testamentary guardian.

1. University college of Law
Testamentary Guardianship
Submitted by: Amulya Nigam Submitted to: Dr. Kala Munet

2. Testamentary Guardianship
• The father or mother of a minor child, may appoint
any person to be a guardian of the child in the event of
the parent’s death.
• This may be done by parent’s will.
• A testamentary guardian does not have the “right to
custody” of the child but they do have the right to
control the upbringing of the child under their
guardianship.
• A hindu father entitled to act as the natural guardian of
his minor legitimate children may, by will appoint a
guardian for any of them in respect of minor person or
his or her property.

3. Where parent is a guardian?
• If a parent is already a guardian, he or she has
the right to appoint a guardian, and that
appointment will be confirmed automatically
as soon as the Will is admitted to Probate,
provided the testamentary guardian is at least
20 years of age.

4. Where parent is not a guardian?
• If a parent appointing another person as
guardian, who was not a guardian at the time of
parent’s death. Then the testamentary guardian
must apply the court to confirm his or her
appointment.
• The court will only appoint that person as the
testamentary guardian if it thinks fit. The court
can take the wish of the deceased parents into
account. The welfare of the child is the
paramount consideration of the court.

5. When testamentary guardian are
appointed?
• A parent who is confident of the parenting
capabilities of the child’s other parent may not
wish to appoint a guardian in the event of his or
her own death. However it is wise for such a
parent to appoint a guardian in the event of the
death of both parents.
• A parent who is not confident of the parenting
capabilities of the child’s other parent, and this
applies particularly to separated parents.
Separated parents appoint a testamentary
guardian.

6. Who can be appointed as
testamentary guardian?
• The first place to seek a guardian is usually
within the extended family, e.g, brother, sister,
uncle, aunty, grandparents or any close
relative.
• Otherwise a close friend , a godparent or
someone else trusted within the community.

7. When Testamentary Guardianship
ends?
• Guardianship ends when the child turns
18,marries or enters into a Civil Union de facto
relationship, or by court order whichever is
the earliest.

8. Powers of testamentary guardian
• The testamentary guardian has all the powers, rights
and obligation of the natural guardian so far as they
are not limited by the will though his obligation to
provide maintenance is not personal and exists only to
the extent that there are properties of the minor.
• It is the duty of testamentary guardian to look for
minor’s support, and when someone else is the
guardian of minor’s property, the testamentary
guardian should apply court for necessary funds to be
made available for the support of the minor.

9. THANK YOU !