Testamentary Guardian

As per section 60 of the Act, a father, whatever his age may be, may by will appoint a guardian or guardians for his child during minority. Though the burden of proof to prove that the will was made out of free volition is on the person who propounds the will, a will that has been proved to be duly signed and attested will be presumed to have been made by a person of sound mind, unless proved otherwise. Further, a bequest can be made to an infant, an idiot, a lunatic or other disqualified person as it is not necessary that the legatee should be capable of assenting it.