s 7 Power of parent to appoint testamentary guardian
(1) A parent of an infant may by deed or will appoint any person to be guardian of the infant after that parent’s death. (2) Any guardian appointed under subsection (1) shall act jointly with the surviving parent, if any, but if— (a) the surviving parent objects to the guardian so acting; or (b) the guardian considers that the surviving parent is unfit to have the custody of the infant, the guardian may apply to the Court and the Court may— (aa) refuse to make any order (in which case the surviving parent shall remain the sole guardian of the infant); (bb) make an order that the guardian shall act jointly with the surviving parent; or (cc) make an order that the guardian shall be the sole guardian of the infant. (3) If the Court makes an order under paragraph (2)(cc), the Court may make— (a) such order regarding the custody of the infant and the right of access of the surviving parent to the infant as, having regard to the welfare of the infant, the Court thinks fit; and (b) an order requiring the surviving parent to pay to the guardian such periodical sums towards the maintenance or education of the infant as the Court may consider reasonable having regard to the means of that surviving parent. (4) If guardians are appointed by deed or will by both parents of an infant, the guardians so appointed shall, after the death of the surviving parent, act jointly. (5) A guardian appointed by the Court under section 6 to act jointly with the surviving parent shall continue to act as guardian after the death of the surviving parent, but if the surviving parent has appointed a guardian, the guardian appointed by the Court shall act jointly with the guardian appointed by the surviving parent.