CAP. 141
(c)
(d)
Children
[Rev. 2012]
the duty to produce and avail accounts in respect of the child’s estate
to the parent or custodian of the child or to such other person as
the court may direct, or to the court, as the case may be, on every
anniversary of the date of his appointment;
to produce any account or inventory in respect of the child’s estate
when required to do so by the court.
103. Rights of surviving parent as to guardianship and power of court
(1) On the death of the father of a child, the mother if surviving shall, subject to
the provisions of this Act, be the guardian of the child and when no guardian has
been appointed by the father or the guardian appointed by the father is dead or
refuses to act, the court may appoint a guardian to act jointly with the mother.
(2) On the death of the mother of a child, the father, if surviving, shall be the
guardian of the child either alone or jointly with any guardian appointed by the
mother or if the guardian appointed by the mother is dead or refuses to act, the
court may appoint a guardian to act jointly with the father.
104. Appointment of testamentary guardian
(1) Either parent of a child may, by will or deed, appoint any person to be the
guardian of the child after that parent’s death.
(2) A guardian of a child may by will or deed appoint another individual to take
his place as the guardian of the child in the event of his death.
(3) Any appointment made under subsection (1) or (2) shall not have effect
unless—
(a) in the case of an appointment by deed, the deed is dated and is signed
by the person making the appointment and in the presence of two
witnesses;
(b) in the case of an appointment made by a written will, it is made,
executed and attested in accordance with the provisions of section
11 of the Law of Succession Act (Cap. 160), or an appointment made
in the course of an oral will if it is made in accordance with section
9 of that Act.
(4) A guardian so appointed shall act jointly with the surviving parent of the child
as long as that parent remains alive, unless the parent objects to his so acting.
(5) If the surviving parent objects to such joint guardianship, or if the guardian
appointed considers that the parent is unfit to have legal custody of the child, the
guardian or parent of the child may apply to the court which may—
(a) refuse to make any order in which case the parent shall remain the
sole guardian; or
(b) make an order that the guardian shall act jointly with the parent; or
(c) make an order appointing a relative of the child or a person who is
willing to so act, a guardian of the child, to act jointly with the parent
or guardian or both of them; or
[Issue 1]
C15 - 48
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