Tutor Bonds

A Tutor is appointed in relation to a minor who no longer has a natural guardian. That appointment can be:

  • to administer the property of a minor; or
  • to take care of the minor.

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:

  • The sole natural guardian (surviving parent) of a legitimate minor, who has not been deprived of his/her guardianship over
    such minor by the court.
  • The mother of an illegitimate minor, who has not been deprived by the Court of guardianship of such minor.
  • The parent to whom the sole guardianship of the minor has been granted by the court.

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.

What you will require to obtain a Tutor bond through us:

Non-professional Tutor

  • An approved application for joint facility
  • Birth certificate of the minor
  • Your ID
  • The Last Will and Testament in which the Tutor has been nominated (where applicable)
  • Court order (where applicable)
  • Proof of application to the Master
  • Master's form J243 (Inventory)
  • Nomination of you as the suitable person to be appointed as Tutor by the next-of-kin of the minor (these nominations are usually obtained during a meeting convened by the Master for this purpose)
  • Master's form J262 (Undertaking)
  • Master's form J197 (Application for appointment as Tutor)
  • Details of the professional who will be assiting you with the administration of the estate
  • An Undertaking from the professional to notify us if his/ her mandate has been terminated by you
  • A suretyship guaranteeing your performance jointly with the surety to the Master of the High Court.

Professional Tutor

  • An approved application for joint facility
  • Birth certificate of the minor
  • Your ID
  • The Last Will and Testament in which the Tutor has been nominated (where applicable)
  • Court order (where applicable)
  • Proof of application to the Master
  • Master's form J243 (Inventory)
  • Nomination of you as suitable person to be appointed as Tutor by the next-of-kin of the minor (these nominations are usually obtained during a meeting convened by the Master for this purpose)
  • Master's form J262 (Undertaking)
  • Master's form J197 (Application for appointment as Tutor)
  • Proof of active professional Indemnity Insurance

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.

For more information or to set up a consultation, please contact your local broker:

Cape Town

Les-Lee Peens

 

Johannesburg

 

Surety Bonds

Claudia Van Leeuwen

Pretoria

Surety Bonds 

Charlene Pendlebury


Scackl 006

Surety Bonds

Kiewiet Van Wyk

 

Port Elizabeth

Janine Gray

KwaZulu Natal

Fearne Gilson

Bloemfontein

Lisle Du Bruyn

Nelspruit

Charles Nkosi