When is a Tutor appointed?

Feb 3, 2021 | Uncategorized

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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