It is very important that should you have any assets, and if you have any children, that a will is drafted stating the appointed guardian of your child should you die whilst they are still a minor. Appointed guardians have a duty to administer and look after any property or funds on behalf of a minor child.

No guardian, whether appointed or natural, can sell or mortgage any of minor children’s immovable property unless permission to do so has been granted by the Supreme Court or, if the property is worth less than R10000, by the Master of the Supreme Court.

How-ever, if a guardian is appointed in terms of a will, the will can make provision for the guardian to make these decisions alone. In deciding whether to grant consent to the sale or mortgaging of property belonging to minors, the court will be guided by what it sees as the best interests of the minors.