Succession Act 1981

This section provides for when an appointment by will of a person as a guardian of a child takes effect.

If the appointor is not survived by a parent of the child, the appointment takes effect on the appointor’s death.

If the appointor is survived by 1 or more parents of the child, the appointment takes effect as follows—

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;

otherwise, the appointment takes effect on the death of the last surviving parent.