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ARTICLE · 03 AUGUST 2022

Curator Bonis vs Curator Ad Litem

SchoemanLaw Inc.
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Under South African law, certain factors affect a person's capacity to act on his/her behalf and manage his/her affairs. For example, factors such as age in the case of minors or mental illness...

South AfricaLitigation, Mediation & Arbitration
Raeesa Ebrahim Atkinson
Raeesa Ebrahim Atkinson

Under South African law, certain factors affect a person's capacity to act on his/her behalf and manage his/her affairs. For example, factors such as age in the case of minors or mental illness can render persons 'incapable'. Under these circumstances, an application to court may be brought to have a curator appointed to manage that person's affairs or act on his/her behalf.

What Is A Curator Bonis And A Curator Ad Litem?

A curator bonis is appointed to manage the financial affairs on behalf of a person who has diminished mental capacity or who is mentally ill. A court will be required to rule that the relevant person is unable to manage his/her own financial affairs and will have to appoint the relevant curator to manage such affairs.

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