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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1345
Experience:  BCom; LLB; Masters in Law
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What are the fiduciary duties of a curator bonis, south

Customer Question

Hi, what are the fiduciary duties of a curator bonis
JA: What state are you in? It matters because laws vary by location.
Customer: south africa
JA: Has anything been filed or reported?
Customer: The curator has been appointed, however, he is excluding 2 family members and only listening to the requests of the spouse from a second marriage. What standard of care applies to a curator bonis (if any) Fiduciary? Uberima fides?
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, just case law on examples where courts found that a curator has abused his power
Submitted: 3 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 3 months ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

When people talk of fiduciary duties, it is normally directors owing certain duties to the shareholders of the company, but I suppose that you could speak of duties such as fiduciary duties when it comes to curators.

As you are no doubt aware, a curator bonis is appointed by the High Court to manage a person's affairs since that person has been found by the High Court not to be able to do it himself.

As such, the only person that the curator bonis owes a duty to is to the person.

The curator bonis must always act in the person's best interests, and if the curator bonis doesn't, then you can apply to the High Court to have the curator bonis removed.

Now acting in the person's best interests often means that the curator bonis must ask members of the family for their advice. The problem is what if the members of the family can't agree on what the curator bonis should do. What if there is a fight / disagreement - which is what I suspect is happening here.

You need to remember that the curator bonis is not actually asking the family for their "instructions", but rather for suggestions. At the end of the day the curator bonis makes the decision.

If that decision is wrong, you can have the curator bonis removed. Does that assist?

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

Customer: replied 3 months ago.
Hi,With the utmost respect, you have not answered my question at all.1.Please give me examples of South African Case Law where a Curator Bonis has been removed from office for abusing their power. (Or discussions of what type of conduct by a Curator Bonis constitutes an abuse of power).2. Please give me the legal authority for what you said above (because I'm not sure you are correct):
"Now acting in the person's best interests often means that the curator bonis must ask members of the family for their advice. The problem is what if the members of the family can't agree on what the curator bonis should do. What if there is a fight / disagreement - which is what I suspect is happening here".Where is the legal authority that the Curator Bonis should listen to the family for advice / input of what is in the patient;s best interests?
Customer: replied 3 months ago.
The duty of the Curator Bonis is to act in accordance with the letters of curatorship issued by the Master of the High Court and "preserve the estate". Where does it say that the Curator must act in the best interests of the patient (obviously, it's implied as a duty of care, but where are the sources that are making you say this?).
Customer: replied 3 months ago.
P.S - pls dont give me cases where abuse of power is dealing with property before letters of curatorship have been given by the high court.I'd like to know the fiduciary duties of the Curator i.e sources explaining what standard of care the curator must conduct himself with and what would constitute an abuse of this
Expert:  CaseLaw replied 3 months ago.

I don't have any first hand sources for you regarding the duty of care, but you are correct, it is an implied duty of care. Why else would a curator be appointed? It's obvious.

I'm afraid that giving you case law examples of where a curator has been removed exceeds the expectations of this website. I can't afford to spend hours finding case law which satisfies your request.

I think that I'm going to opt-out of this question, because your expectations exceed my immediate abilities at providing you with the requested research.