The appointment of a tutor over the affairs of a minor can have a dual purpose.  It can be:

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

According to South African law a minor is a person under the age of 21 years, who has not yet been emancipated by marriage or order of court.

A tutor is usually appointed over the estate and/or person of a minor who no longer has a natural guardian.  In exceptional circumstances the court may however appoint a tutor or curator over the property of a minor, notwithstanding the existence of a natural guardian.

Who may nominate or appoint a Tutor?

 One must distinguish between three scenarios, namely

• testamentary appointed tutors;
• court appointed tutors;  and
• Tutor dative, appointed by the Master

Although a tutor may be nominated or appointed by will or the court, the nominee/appointee has no authority to act as tutor until duly authorized by the Master.   Authorization takes the form of letters of appointment issued to the designated person.

The three scenarios set out above as well as the requirements for each appointment will be dealt with individually.