How To Get A Curatorship In South Africa

What is Curatorship?

A Curator Bonis is a person appointed by a Court to manage the finances, property, or estate of another person who cannot do so because of mental or physical incapacity. A Curator Bonis is also used to protect the interest of minor children in marital disputes.06 May 2021

Requirements for an Appointment:

  1. Copy of the court order;
  2. An inventory – form J243 which reflects the assets to be administered.
  3. Undertaking and bond of security – form J262 by the court appointed curator;
  4. Application for appointment as curator- form J197.

What qualifies a curator in South Africa?

In terms of the Administration of Estates Act 66 of 1965, a curator is defined as, “any person who is authorized to act under letters of curatorship granted or signed and sealed by a Master, or under an endorsement made in terms of section 72 (seventy-two)“

How do you declare someone a prodigal?

A person who is compis mentis (in other words, a person with full mental capacity), but incapable of managing his own financial affairs may be declared a prodigal. In such an instance, a curator bonis may be appointed without the need for a curator ad litem.

How do you put someone under curatorship?

In order for another person to be appointed to act on behalf of this individual and administer his or her estate, an application for curatorship can be made in one of two ways: a curatorship application to the High Court or an application to the Master of the High Court.

Who can be appointed as a curator ad litem?

Should the Court be satisfied with the application, the Court shall appoint the curator ad litem. Generally, a Legal Practitioner (Attorney) or an Advocate, nominated by the applicant in the curatorship application, is appointed as the curator ad litem.

How much does a curatorship cost?

The fees of a Curator Bonis and administrator are prescribed in the Administration of Estates Act. It is 6% on the annual income of the estate and 2% on the value of the capital assets of the estate at termination of the Curatorship. The Master may however reduce, disallow or increase the fees if special reasons exist.

Can an insane person enter into a contract?

Business contract law states that people who have been declared mentally incompetent in court can find any contract they enter void, voidable, or enforceable.

Can a magistrates court appoint a curator ad litem?

40 S 33 Magistrate’s Court Act 32 of 1944 states that the court may appoint a curator ad litem in any case in which such a curator is required or allowed by law for a party to any proceedings brought or to be brought before the court.

Can a family member be a curator?

The Curator Ad Personam is often a family member, as they are more likely to have intimate knowledge of the person’s wishes, such as whether or not extraordinary measures should be taken.