key to the study guide - Name

Definitions
provides, are set out on pages 299±300 of the textbook. Ensure that you
can give a proper definition of each type of guardian (ie a testamentary
tutor, an assumed tutor, a tutor dative and a supposed or putative tutor).
Also note the different ways in which these different types of guardians are
appointed.
ACTIVITY
Briefly explain the meaning of the following terms:
(1) testamentary guardian
(2) assumed tutor
(3) tutor dative
(4) supposed or putative tutor
FEEDBACK
(1) A testamentary guardian is the guardian appointed by a minor's
natural guardian in his or her will to act as the minor's guardian after
the natural guardian's death. The testamentary guardian may not act
as the minor's guardian until his or her appointment has been
confirmed by the master of the high court.
(2) An assumed tutor is a guardian who is appointed by a testamentary
guardian to assist him or her in exercising guardianship, or even to
take his or her place as guardian. An assumed guardian may be
appointed only if the testator expressly conferred the power of
assumption on the testamentary guardian. The appointment of the
assumed tutor must also be confirmed by the master of the high court.
(3) A tutor dative is the guardian appointed to a minor by the high court
or the master of the high court where a minor's interests require this.
A tutor dative will be appointed if, for example, property accrues to a
minor while he or she is neither under parental authority nor under
guardianship or curatorship.
(4) A supposed or putative tutor is a person who acts as a minor's
guardian while under the mistaken impression that he or she is the
minor's guardian while this is not the case. This may happen, for
example, where the father of an extramarital child institutes an action
on behalf of his child while under the impression that he is the child's
guardian. If the supposed or putative tutor's conduct is in the minor's
interests, the high court may ratify such conduct.
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