Answer By law4u team
A guardian appointed by will, also known as a testamentary guardian, is nominated by a parent or legal guardian in their will to take care of a minor child’s person and/or property after their death. This form of guardianship operates under the Guardians and Wards Act, 1890, and requires court approval for validation.
Legal Rights of a Guardian Appointed By Will
1. Custodial Rights
The testamentary guardian has the right to take custody of the minor child as per the terms of the will and court approval.
They are responsible for the child’s care, upbringing, education, health, and welfare.
2. Property and Estate Management
If appointed as guardian of the minor’s property, they have the right to manage and safeguard the minor’s assets.
They must act prudently and in the best interests of the minor, often under court supervision.
3. Legal Authority
The guardian’s authority comes into effect only after the death of the appointing parent or guardian.
Their guardianship is subject to approval and ongoing oversight by the court to prevent misuse.
4. Limitations
The guardian cannot sell or transfer the minor’s immovable property without court permission.
They must regularly report to the court on the minor’s welfare and property management.
5. Accountability
The guardian is accountable to the court and may be removed if found negligent or acting against the minor’s interests.
Differences from Natural Guardianship
| Aspect | Guardian Appointed By Will | Natural Guardian (Father/Mother) |
|---|---|---|
| Appointment | Nominated by will and approved by court | Automatically recognized by law |
| Effective Date | After death of appointing parent/guardian | From the birth of the child |
| Scope of Authority | Depends on will’s terms and court approval | Broad legal rights over child and property |
| Court Supervision | Ongoing court oversight mandatory | Limited unless challenged |
| Property Management | Required to manage minor’s property under court supervision | May manage property but with fewer restrictions |
Example
A father, before passing away, appointed his sister as the guardian of his minor son in his will. After his death, the sister applied to the court and was appointed the testamentary guardian. She now has the legal right and responsibility to care for the child and manage the child’s inheritance, reporting regularly to the court.
