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Testamentary appointed Tutor
Only the following persons may validly nominate a tutor in their will:
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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.
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The mother of an illegitimate minor, who has not been deprived by the Court of guardianship of such minor.
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The parent to whom the sole guardianship of the minor has been granted by the court.
Requirements for an appointment
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The will in which the tutor has been nominated must be properly registered and accepted by the Master;
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A preliminary inventory form J243 which reflects the assets of the minor;
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A declaration by the nominated tutor wherein he/she declares that the person who nominated him or her in the will was legally competent to do so;
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Undertaking and bond of security form J262 by the nominated tutor, unless the tutor has been exempted from furnishing security in the will.
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Application for appointment as tutor form J197.
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