Who Appoints a Curator Bonis in South Africa? | A Legal Guide

A curator bonis is appointed by the Master of the High Court in the first instance under the Administration of Estates Act 66 of 1965, or by the High Court itself on application under the Mental Health Care Act 17 of 2002 where the person concerned is mentally incapacitated. The two routes flow along different statutory paths and produce different supervisory arrangements: Master-appointed curators report to the Master’s Office (filing inventories, accounts, and security), while High Court-appointed curators are appointed by judicial order, supported by medical and capacity evidence, and supervised by the Master after the order is granted. A curator bonis administers the financial and property affairs of a person unable to manage their own — typically due to mental incapacity, minority, or other legal incapacity — and is distinct from a curator ad litem, who is appointed by a court to represent a party in specific litigation.

What a Curator Bonis Is (and Is Not)

A curator bonis is a person appointed to administer the financial and property affairs of someone who cannot manage their own affairs. That inability most commonly arises from:

• Mental incapacity, including conditions certified or declared under the Mental Health Care Act 17 of 2002
• Severe intellectual disability
• Minority, where a minor has an inheritance or other property interest to be administered
• Other legal incapacity recognised at common law (for example, advanced dementia or a vegetative state that has not been formally certified)

The role is distinct from two adjacent appointments that are easily confused:

• Curator ad litem — appointed by a court to represent a party in specific litigation where the party cannot act for themselves. The curator ad litem’s role ends with the litigation.
• Tutor (or curator personae) — looks after the personal and guardianship matters of a minor, rather than the financial affairs. Property administration for the minor may still require a curator bonis alongside the tutor.

The curator bonis has a continuing, ongoing role. They manage assets, receive income, pay liabilities, and report to the supervisor until the curatorship is formally ended.

Who Appoints a Curator Bonis: The Two Routes

The central answer to “who appoints” is that there are two route authorities, and they sit in different parts of the same system. Most searchers land on this question because a family member has become incapacitated, which typically routes through the High Court. The choice between the routes depends on why the appointment is needed and whether the appointment is contested.

Route 1 — Master of the High Court (Administration of Estates Act 66 of 1965)

• The Master has inherent jurisdiction, supported by the Administration of Estates Act, to appoint curators and tutors in straightforward matters, particularly where the appointment is administrative and uncontested.
• Typical examples: a minor inheriting under a deceased estate where no guardian is available to administer the inheritance, or a person under undisputed legal incapacity where the family is in agreement on the appointment.
• The Master issues a letter of appointment once satisfied with the application, and the curator must furnish security (typically a bond or guarantee) before acting.
• The Master’s Office supervises the curator throughout the curatorship — filing of inventories, annual accounts, and reporting.

Route 2 — High Court on Application (Mental Health Care Act 17 of 2002 and Other Incapacity Cases)

• Where the person is mentally incapacitated, or where the appointment is contested, the appointment is made by a judge of the High Court (the court with jurisdiction over the person) on application.
• The application is supported by a founding affidavit, medical reports evidencing incapacity, and the acceptance of the proposed curator.
• Once the court order is granted, the Master’s Office picks up the supervisory role — inventories, accounts, security, and ongoing reporting.

Where the Application Goes in Practice

In Gauteng, the High Court with jurisdiction sits in the Gauteng Division, with two relevant seats — the Pretoria seat for matters from the northern part of the province and the Johannesburg seat for matters from the rest of Gauteng. The Master’s Office of the same provincial division processes the appointment file and the security. For families elsewhere in South Africa, the corresponding provincial division of the High Court and the Master’s Office for that division apply. In borderline cases — for example, where capacity is uncertain or a family member disputes the appointment — the Master’s Office will often direct the applicant to the High Court rather than handling the matter administratively.

For families working through these choices, the practical entry point depends on the underlying reason: an inheritance or estate matter for a minor or a person under undisputed incapacity routes through the Master’s Office with an attorney’s drafting and filing; a mental-health-driven appointment routes through the High Court with founding and supporting affidavits, medical evidence, and (typically) counsel briefed for the motion court appearance. Both routes converge at the Master for ongoing supervision — inventories, accounts, security, and the curator’s continuing reporting obligations.

The Legal Framework: Which Act Applies

Source of authority	Where it applies	Who appoints
Administration of Estates Act 66 of 1965	Administrative curatorships — minors with inheritances, persons under undisputed legal incapacity, uncontested appointments	Master of the High Court
Mental Health Care Act 17 of 2002	Curatorship of persons certified or declared mentally incapacitated	High Court on application
Common law (inherent jurisdiction)	Where statute does not expressly cover the situation and the person is genuinely unable to manage their own affairs	High Court on application
Children’s Act 38 of 2005	Where a minor’s property or inheritance is to be administered by a guardian or tutor, with the Master retaining supervisory oversight	Master of the High Court (with parental/guardian involvement)

The Application Process: How the Appointment Is Made

1. Identify the correct route. Confirm whether the matter is administrative (Master) or involves mental incapacity (High Court). In borderline cases, the Master’s Office will direct the applicant to the High Court.
2. Gather supporting documents. Identity documents of the person whose affairs are to be managed, medical and capacity reports (where mental incapacity is the basis), the proposed curator’s acceptance, and security particulars (the Master typically requires a bond or guarantee scaled to the estate value).
3. File the application. Lodge the application with the Master’s Office (if uncontested) or with the Registrar of the High Court with jurisdiction — the seat of the division where the person resides — on application via motion court.
4. Furnish security. The Master requires the curator to lodge security before issuing the letter of appointment; the level of security scales with the estate value.
5. Receive the Master’s letter of appointment, or the court order. Once security is in place and the application is in order, the Master issues the letter of appointment. In High Court applications, the order is granted and transmitted to the Master for the appointment to be recorded.
6. Take up the curatorship. The curator opens the necessary estate accounts, takes control of the assets, and begins the ongoing supervisory duties.

Where mental incapacity is the basis, an applicant should expect to brief counsel — the motion is argued in open court, and the supporting papers (founding affidavit, medical reports, the proposed curator’s acceptance, and a draft order) are filed in accordance with the Uniform Rules of Court.

What the Curator Bonis Does After Appointment

• Takes control of and manages the financial and property affairs of the person under curatorship
• Files an inventory of the estate with the Master’s Office within a prescribed period
• Files annual accounts with the Master, reflecting income, expenditure, and asset position
• Acts in the best interests of the person under curatorship, not in their own
• Cannot dispose of immovable property (generally) without authority from the Master or the High Court
• Seeks Master’s consent for major transactions (sale of assets, investments, distributions)
• Reports to the Master on any change in the curator’s personal circumstances (death, insolvency, removal)

When the Curatorship Ends

• The curatorship ends on the death of the person under curatorship, on the Master’s or the Court’s discharge of the curator, or on the curator’s own death or incapacity
• Where the incapacitating condition resolves (for example, recovery from the condition that led to the appointment), the curator or any interested party may apply to the Master or the High Court to have the curatorship terminated
• Final accounts are filed on the termination of the curatorship and the estate is finalised under Master’s supervision

Who Can Apply to Be (or to Appoint) a Curator Bonis

Anyone with a sufficient interest can approach the Master or the Court, but in practice the applicant is usually a close family member:

• The spouse or life partner of the person concerned
• An adult child or sibling
• A parent (typically where the person is an adult child with a long-standing disability)
• An attorney or the Master’s Office acting in their own motion where no family member is available

The proposer must be a fit and proper person and must be willing to take on the supervisory burden — annual accounts, inventory filings, and ongoing Master’s consent for major transactions. Importantly, the appointer is the institutional role (the Master or the High Court), not the applicant: the applicant initiates, the Master or the Court appoints. An attorney is engaged to draft the application, gather supporting documents, and lodge the file with the Master or the Court.

Curator Bonis vs Curator Ad Litem vs Tutor: A Quick Comparison

Role	Appointed by	Purpose	Duration
Curator bonis	Master of the High Court, or the High Court on application under the Mental Health Care Act	Manages the financial and property affairs of a person unable to manage their own	Continuing until discharged
Curator ad litem	Court hearing the specific litigation	Represents a party unable to act for themselves in that litigation	Ends with the litigation
Tutor (curator personae)	Master of the High Court, or the High Court on application	Manages the personal and guardianship matters of a minor	Until the minor reaches majority, or is otherwise discharged

The firm’s Family Law practice, headed by Director Anna-Mi Nel across the Linden and Sandton offices, regularly acts in curator bonis and High Court curatorship applications, and works alongside the Master-route appointments processed through the Gauteng Master’s Office.

Frequently Asked Questions

Who has the authority to appoint a curator bonis in South Africa?

The Master of the High Court, in routine administrative matters under the Administration of Estates Act 66 of 1965, and the High Court itself, on application under the Mental Health Care Act 17 of 2002 where the person is mentally incapacitated. In either case, the Master’s Office has an ongoing supervisory role once the appointment is made.

Is a curator bonis the same as a curator ad litem?

No. A curator bonis manages the financial and property affairs of a person unable to manage their own on a continuing basis. A curator ad litem is appointed by a court to represent a party in a specific piece of litigation and their role ends when the litigation ends. The two roles are often confused but flow from different statutory and procedural bases.

Do I need a court order for a curator bonis appointment?

Not always. Where the matter is administrative and uncontested — typically an inheritance or property matter for a person under legal incapacity — the Master of the High Court can appoint a curator bonis on application without a court order. Where the person is mentally incapacitated or the appointment is contested, the matter must be taken to the High Court, which makes the appointment by court order.

How long does the curator bonis appointment process take?

From filed application to Master’s letter of appointment, an administrative appointment can take a few weeks to a few months depending on the Master’s Office workload and the security required. A High Court application under the Mental Health Care Act typically takes longer, depending on the court roll and the medical evidence required. Security in the form of a bond or guarantee must be in place before the appointment is finalised in either route.

Can the curator bonis sell property without authority?

Generally no. The curator bonis must obtain the Master’s consent or, in High Court-appointed curatorships, the Court’s authority before disposing of immovable property or making other major transactions. Routine management of income and expenses falls within the curator’s day-to-day authority.

What happens if the person recovers capacity — can the curator bonis be removed?

Yes. Where the condition that led to the curatorship resolves, the curator or any interested party can apply to the Master or the High Court to have the curatorship terminated. Final accounts are filed, the estate is settled, and the appointment is formally discharged.

Can Burger Huyser help with a curator bonis application?

Yes. Curator bonis applications sit within the firm’s Family Law and High Court applications practice. The firm can draft the application, gather supporting documents, attend to the Master’s Office filing, and — where the appointment is taken on application under the Mental Health Care Act — brief counsel and run the motion court process.

If you are facing a curator bonis application — whether for a minor with an inheritance to administer or for an adult family member who can no longer manage their own affairs — Burger Huyser Attorneys can take the file from intake through Master’s appointment or High Court order. The firm’s Family Law practice handles Master-route appointments from the head office in Linden, Randburg (011 888 0246) and the Pretoria (Menlyn) branch (012 471 5700) for northern-Gauteng matters, with the Johannesburg and Pretoria seats of the Gauteng Division as the relevant High Court venue for contested or Mental Health Care Act applications. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and takes instructions across its Gauteng branches.