A Testamentary Guardian is one who is appointed by a will of the natural guardians of the minor. The Testamentary Guardian becomes entitled to act as the Guardian of the minor after the death of the natural guardian. A Testamentary Guardian cannot act as a guardian if the natural guardians are alive.

Under Hindu Minority and Guardianship Act 32 of 1956 confers power to both father and mother to appoint testamentary guardian.

Under Muslim Law, the father is the natural guardian and has power to appoint testamentary guardian. In the absence of father, father’s executor, and in his absence, father’s father has this power. Mother has no power to appoint a testamentary guardian.