Guardianship of infant children
Infant children’s guardianship is the next consideration. The client needs to consider whether or not to include a provision appointing guardians. If there is no such appointment, on the death of a parent of an infant, the surviving parent, if any, shall be guardian to the infant.
The court however has the discretion to appoint some other person to be the guardian or one to act jointly with the surviving parent (Guardianship of Infants Act 1961 – Sect 6).
If both parents of an infant have died without appointing a testamentary guardian, the court, upon the application of any magistrate, penghulu, police officer or any person with the powers of the protector, may appoint a guardian (Guardianship of Infants Act 1961 – Sect 8).
Power of parent to appoint guardian (Guardianship of Infants Act 1961 – Sect 7). Any guardian appointed by the client under the will is to act jointly with the surviving parent. However, if the surviving parent objects to the guardian so acting, or the guardian considers that the surviving parent is unfit to have the custody of the infant, then they may apply to the court for the court’s determination.
This preview is an excerpt from the following publication. this publication for access to all the commentary and precedents.
Wills - Step by Step Guide & Precedents
by By Lawyers For Lawyers author - C M Teng
Overview
This Wills Step-by-Step Legal Practice Guide and Precedents contains precedent wills and guidance for the following three situations:
- for a single testator
- for spouse to spouse, and then children; and
- using schedules for use in blended family and other more complex situations
As with all Step-by-Step Guides this guide takes you sequentially through a Wills matter from getting the matter underway and taking instructions, right through to finalisation.
A wide range of issues are discussed including testamentary capacity, revocation, executors, and estate duty. This guide includes a Library of Provisions.