6.4 Testamentary Guardian

Who: a parent (by will) appoints a guardian for the minor children — to take effect on the appointing parent's death (where the other parent is dead or incapacitated); The equality design: the testamentary power belongs to either parent — not the father alone; The court's confirmation and supervision: the appointment operates within the court's oversight; the court may refuse or displace the testamentary guardian where the appointee is unfit or the child's welfare demands (the welfare principle overrides testamentary wishes); The practice reality: rare in Nepal (testamentary habits thin), but doctrinally important — the parent's autonomy in arranging care, bridled by the child's interest.