South Africa's law shows a commitment to safeguarding the rights and interests of minors in matters of inheritance and owning property. This blog outlines the different roles of tutors and curators appointed by the Master, offering some insights into the management of a child’s property.

Introduction

Managing a minor's inheritance or property involves various options, such as creating a trust, appointing a tutor or curator, or depositing the cash inheritance in the Guardian Fund. In this blog, we will explore the difference between a tutor and curator to shed light on their roles.

Why the Need for a Tutor or Curator

The Children's Act 38 of 2005 defines a minor as someone under 18 without full contractual capacity. This means that a person (minor) under the age of 18 requires assistance, especially in managing their property. If it is a cash inheritance and the Will does not specify how the minor beneficiary’s inheritance should be managed, the Master may direct the executor to deposit the cash inheritance into the Guardian Fund (managed by the Master). Alternatively, a tutor or curator can be appointed by the Master or High Court based on circumstances to manage the minor's property and/or oversee the well-being of the minor.

Role of Tutor or Curator

The legal framework, outlined in Chapter IV of the Administration of Estates Act 66 of 1965, governs property administration for minors and the appointment of tutors or curators. Depending on the circumstances, the Master of the High Court will appoint either a curator or tutor after the submission of certain prescribed documentation.
The Master may appoint a tutor to take care of the minor's well-being and manage their property, or the tutor may focus solely on the well-being of the minor. While, a curator can only administer the minor’s property and will not be appointed to look after the well-being of the minor. 

It may even happen that the Master decides to appoint a tutor with one or more curators. For instance, when both of the minor’s biological parents are deceased, the Master may appoint a tutor to care for the minor’s well-being and appoint a curator, usually a specialist in handling minor’s inheritance, to administer the minor's inheritance. The Master may even appoint a curator for the specific administration of each property belonging to the minor.

After-Appointment Responsibilities

After their appointment and depending on the Master’s instructions, the appointed tutor or curator must fulfil their duties bestowed upon them by the Master.
Upon appointment to manage a minor’s property, tutors or curators take custody of the property, open a bank account (subject to section 28 and 82), and lodge an inventory with the Master (section 78). Those managing a minor’s property submit annual accounts (section 83) following regulation 7 guidelines. Fees, as prescribed in section 84 and Administration of Estates Act 66 of 1965 regulations, are paid from the minor’s estate proceeds.

For a deeper dive into the types of curators and tutors appointed by the Master of the High Court, check out my blog "Minor's Property Management: Appointment Options in Choosing a Tutor or Curator."