When is a Tutor appointed?
A tutor will be appointed over the estate of a minor (a person under the age of 18 years) if necessary. The law does not regard a minor as capable of managing their own affairs & they are therefore under disability.
Under normal circumstances, the parents of the minor, or their natural guardians, supervise the child’s affairs and assists them legally where necessary. In other circumstances, a minor may have no natural guardian (e.g. where both parents have died and no parental rights have been granted in a Will).
A tutor may not be required if the child’s property consists of cash and investments only. In this case, it can be deposited into the Guardian’s Fund. A guardian may however still be needed in order to look after child themselves. Only the High Court has the power to appoint a tutor or guardian over the person of a minor.
3 ways that a tutor may be appointed:
- testamentary appointed
- court appointed
- Tutor dative, appointed by the Master
Where appointed or nominated by the court or a will, they will only have authority to act as tutor when duly authorized by the Master. A letters of appointment will be issued to the designated person by the Master as authorization.
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