If it comes to the knowledge of the Master that any minor is the owner of property in the Republic of South Africa, which is not under the care of any guardian, tutor or curator, and he is satisfied that the property should be cared for or administered on behalf of such minor, he may appoint a tutor dative. (The Master cannot appoint a tutor dative over the person of a minor.)
The appointment of a tutor dative is usually initiated by an interested party who lodges a written application with the Master.
Requirements for an appointment
- Application to the Master;
- A preliminary inventory – form J243 which reflects the assets of the minor;
- Nominations of a 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);
- Undertaking and bond of security – form J262 by the nominated tutor;
- Application for appointment as tutor – form J197.
