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A Tutor is appointed in relation to a minor who no longer has a natural guardian. That appointment can be:
According to South African law a minor is a person under the age of 18 years, who has not yet been emancipated by marriageor order of court.
There are two types of Tutors:
Testamentary appointed Tutors
Only the following persons may validly nominate a Tutor in their will:
Court appointed Tutor
The court as the upper guardian of all minors may appoint a person as Tutor of a minor to take care of the minor and/or to administer the property of the minor.
It is usually an interested party who lodges the application to Court by way of Notice of Motion to be appointed Tutor of the minor. On receipt of the application the court will usually appoint a curator ad-litem first to protect the interests of the minor and to investigate the merits of the application. Both the curator ad-litem and the Master must file reports with the court. Once the court has granted the application and appointed a Tutor, the Master must give effect to the court order by issuing letters of Tutorship thereby authorizing the appointed Tutor to act.
Surety bond premiums for Tutor bonds are set by the Master of the High Court. The premium is an annual premium of 0.6%plus VAT on the asset value of the estate which shall renew annually until no longer required by the Master of the High Court.
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