SUCCESSION ACT 1981 - SECT 61D
When the appointment takes effect
SUCCESSION ACT 1981 - SECT 61D
When the appointment takes effect
61D When the appointment takes effect
(1) This section provides for when an appointment by will of a person as a
guardian of a child takes effect.
(2) If the appointor is not survived by a
parent of the child, the appointment takes effect on the appointor’s death.
(3) If the appointor is survived by 1 or more parents of the child, the
appointment takes effect as follows—
(a) if the will shows that the
appointor intended the appointment to take effect on the appointor’s death,
the appointment takes effect on the appointor’s death;
(b) otherwise, the
appointment takes effect on the death of the last surviving parent.