Tutor Bonds
Why the Need for a Tutor Bond?
Tutor bonds are required when a tutor is appointed to oversee a minor’s property or care for the minor. A Tutor is appointed 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 marriage or order of court.
Tutor Bonds and the Master of the High Court
Tutor bonds are often required by the Master of the High Court when a tutor is appointed to manage a minor’s estate. The bond serves as a financial guarantee that the tutor will carry out their duties lawfully and in the best interest of the minor.
In South Africa, tutor bonds support legal compliance and help protect the minor’s assets during the administration of the estate.
What is a Tutor?
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 applies to the Court by way of a Notice of Motion to be appointed Tutor of the minor and to provide the required surety of a minor where applicable. 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 authorising the appointed Tutor to act.
Tutorship vs Guardianship
While both tutorship and guardianship involve care for minors, they differ in scope and application. A Tutor often manages a minor’s property or legal affairs, while a guardian focuses on the personal and everyday welfare of the minor.
What You Will Require to Obtain a Tutor Bond Through Us
Non-professional Tutor
- An approved application for a 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 assisting 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 a 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 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)
- 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 and renews annually until the tutor bonds are no longer required.
Why Choose Shackleton Risk for Tutor Bonds
Shackleton Risk has deep experience in surety bonds, including Tutor Bonds required by the Master of the High Court when a tutor is appointed for a minor’s estate. Our team understands the legal and administrative requirements involved and helps you navigate them efficiently.
Our service stands out because we offer personalised support from start to finish. We assist with the application process, work with leading local insurers to secure the necessary bond, and ensure your bond is lodged correctly with the Master of the High Court.
For more information or to set up a consultation, please contact your Shackleton Risk Management broker:
Les-Lee Peens
- Cell: 078 677 3452
- Tel: 021 422 4191
- Email: Les-LeeP@srisk.co.za
Claudia Whitaker
- Tel: 011 784 5373
- Email: ClaudiaW@srisk.co.za
Suzan Amando
- Tel: 011 784 5373
- Cell: 066 479 3194
- Email: SuzanA@srisk.co.za
Charlene Pendlebury
- Cell: 082 332 1757
- Tel: 012 343 1865
- Email: CharleneP@srisk.co.za
Kiewiet Van Wyk
- Cell: 060 963 9087
- Tel: 012 343 1865
- Email: KiewietVW@srisk.co.za
Janine Gray
- Cell: 084 407 5431
- Tel: 041 365 6015
- Email: JanineG@srisk.co.za
Lisa Holdsworth (Durban)
- Tel: 031 572 4949
- Email: lisa@srisk.co.za
Elsophie Jansen (PMB)
- Tel: 087 500 0550
- Email: ElsophieJ@srisk.co.za
Lisle Du Bruyn
- Cell: 082 447 5011
- Tel: 051 446 0912
- Email: LisleDB@srisk.co.za
Kiewiet Van Wyk
- Cell: 060 963 9087
- Tel: 012 343 1865
- Email: KiewietVW@srisk.co.za
Frequently Asked Questions
The timeframe depends on the completeness of the application, supporting documents, and underwriting review. Once all required information is submitted, tutor bonds can be issued after assessment in line with the requirements of the Master of the High Court.