How does the Guardians Fund operate?
7:58 am 
52 Comments
Questions:
1. Could you please explain the various circumstances in which an inheritance would end up in the Guardians Fund.
2. What is the rand value of unclaimed benefits held in the Guardians Fund – is this information presented in an annual report – and if so who should I contact for the latest statistics?
3. What are the steps someone should follow if they suspect an inheritance / bequest intended for them ended up in the Guardian’s fund?
Answer:
According to the South African Government Information website, www.info.gov.za/faq/wills.htm, the Guardians Fund falls under the administration of the Master of the High Court. It goes on to state that it is a Fund created to hold and administer funds that are paid to the Master of the High Court on behalf of various persons known or unknown (for example minors, persons incapable of managing their own affairs, unborn heirs, missing or absent persons or persons having an interest in the monies of a usufructuary , fiduciary or fidei-commissiary nature).
In practice, the most common form of inheritances ending up in the Guardians Fund, are as follows:
· Inheritances due to the minor heirs to an estate. This frequently happens when the Will does not stipulate the funds are to be retained in Trust for the benefit of the minor, or where there is no Will and a minor inherits under the Intestate Succession Act, 81 of 1987.
· Inheritances due to major heirs who cannot be traced. Whilst Executors should do all they can to trace the heirs, and at times even appoint tracing agents, there are times when an heir, whose contact details are not known to the family simply can’t be found.
The total rand value of unclaimed funds in the Guardians Fund is not published and would include those matters where an heir has been determined and identified but has not yet achieved the age on which the benefits are payable, as well as those funds received and held for unidentified minor and major heirs. Guardians of minor heirs with funds in the Guardians Fund can of course make application to the Guardians Fund, during the heir’s minority to obtain funds for specific purposes such as education, clothing, medical and other motivated needs.
If a person suspects that there are funds due to them from an inheritance /bequest, the first step would be to contact the Executor and ask if they inherited from the estate. When making payments to the Guardians Fund, Executors are provided with receipts for the payment and such receipt can be handed by the Executor to the person seeking benefits, to take to the relevant Master of The High Court’s Office.
If the Executor confirms that there are funds deposited with the Guardians Fund, then the claimant can claim the funds together with any accrued interest on turning 18 (attaining the age of majority). There are some other instances when a minor may attain majority earlier than 18 such as getting married or being declared a major by the High Court. However, in some instances the Will may state a later date than 18 when the funds become claimable from the Guardians Fund. When applying for the funds, such application needs to be on the stipulated Form J 251 and a certified copy of the applicant’s identity document /passport needs to be attached to the application.
The Master of the High Court also advertises those accounts that have been unclaimed, annually in the Government Gazette. The last Government Gazette carrying such information being Volume 531, dated 30th September 2009 No: 32586. (See example of the actual Gazette attached).
There are numerous businesses purporting to act as tracing agents on these matters. Care should be taken when appointing such agents on the costs associated with tracing funds.
After a lapse of 30 years from the date of the funds becoming claimable, the money becomes forfeited to the State. It is of course preferable for the funds to be claimed as this allows the funds to wash into the economy directly.
I would also like to ask as to how long does it take for your monies to be payed up from the guardians funds.
How do I search for funds from a Policy in a deceased estate that may be in the Guardians Fund
If you know which Masters office the estate was registered at, you would need to approach that office of the Master of the High Court to ascertain if funds are held in the Guardians Fund. You would need the name of the estate, and if possible, the estate reference number. Each Master’s office has a Guardians Funds section.
Your email refers. It is impossible to give an accurate turnaround time with regard to the paying of funds from the Guardians Fund to the beneficiary. All forms need to be completed and submitted to the relevant office of the Master of the High Court, and dependant on a number of factors. the process could be completed in a short period of time, alternatively, the process could drag on for reasons unknown to the writer. Should a matter have been refered to the Guardians fund, and no response received within a reasonable period of time, one could refer the matter to the office of the Acting Chief Master for his intervention.
I did apply for the funds and hopefully my documents were captured and sent to home affairs for verification and returned positive some few weeks back. But i have not received any cent from there.
Just want to know if it takes time for them to pay up.
Can you please advise me as to why there is 5% levied on the Guardian Funds before it is paid over?
I refered this matter to an Assistant Master at the Master of the High Court, and was advised that a 5% levy is only charged to creditors who are applying for funds from the Guardian’s Fund if the deceased was insolvent, and there were claims against the estate.
In all other circumstances, no levy should be imposed on funds paid out from the Guardian’s Fund to the legitimate recipient of the inheritance.
Aaron Roup
FISA EXCO Member
If you know which office of the Master of the High Court that the estate was reported to, you would need to approach the Guardian’s Fund in this office and ask that they confirm that funds are due to a beneficiary from that estate. You could also speak to the executor of the estate, who would confirm whether funds were in fact paid to the Guardian’s Fund or not.
Aaron Roup
FISA EXCO Member
i have been tryin to contact the master of the supeme courtin pietermaritzbur for pass 3years now!!! what does it take to contact them number have been is 033 342 0599.
how long does take to pay out i live in jhb now.i gess i must go AND SIT COURT DOOR TILL THEY PAY ME . MY CONTACT NUMBER IS 071 496 2537
082 400 4400
Your email refers.
I would suggest that you contact the office of the Acting Chief Master (lbasson@justice.gov.za or chiefmaster@justice.gov.za) lodging a complaint with him regarding the delays that you are experiencing with this matter.
Regards.
Aaron Roup
FISA EXCO Member
Good afternoon
My two sons who are now 18 and 22 respectively were each left a sum of money in the Guardians Fund in 1998 when their Great Aunt died. I still have all the original documentation which I first submitted for the elder son in November 2009 via the laywer who handled the Will. To date I have had to resubmit the documents three more times as the original documentation cannot be traced. I am now dealing with the Acting Master of the High Court (Lothian Basson) but still find the process dragging out. I now have to submit the documents for the younger son and anticipate another long battle!
Karen Smith
Your email refers. Unfortunately, the process within the Master’s offices with regard to the Guardian’s Fund can be slow at times. By dealing with the Acting Chief Master, you are at least assured of high level intervention in the matter. I would suggest that you find out who specifically is the person to deal with in the Guardian’s Fund, and make contact with that person directly.
Aaron Roup
FISA EXCO Member
How much is the tracing agent allowed to charge people if they help them to find their moneis? And which Act of the law supports that?
To the best of the writer’s knowledge, the fee appears to be unregulated, and works on the basis of “no trace, no payment”. The fee may also be agreed between the Executor / Trustee, and also possibly be approved by the Master of the High Court, if there is estate duty payable.
Aaron Roup
FISA EXCO Member
Thank you Aaron I now understand. May you please help with my second question. I wanna know which Act of the law supports these agents to run their businesses. Or are they illegal/scams?
There is no specific Act that legislates these fees.
Aaron Roup
FISA EXCO Member
Are they legal though? Meaning are they registered businesses? (Tracing Agents)
Hi, What does it require to have funds released to beneficiaries who have come of age but are foreign citizens and now reside permanently overseas. the beneficiaries where in SA when their mother died but moved back to their home country since?
Good morning to you. Information in respect of your request for assistance has been emailed to you under separate cover. Many thanks.
My family has been battling since 2005 to claim this money. What can we do if the money has gone to the state? It was never advertised in the government gazette. It was put in the fund in 1955 and released 21 years later. but 30 years after that we are trying to claim it and it’s taking forever
You will need to contact the office of the Master of the High Court where the estate, that gave rise to the monies being placed in the Guardians Fund, for assistance. If you can provide me with details of which office of the Master you are dealing with, I will try and preovide you with the relevant contact details of who you need to speak to.
Aaron Roup
FISA EXCO Member
It is the pietermaritzburg office and we have spoken to the master of the high court there and she has been no help at all! we have been dealing with Ms Seetarani Gangai
Good afternoon to you. Ms Gangai has left the Master’s office in Pietermaritzburg, and you can contact the new Master, Ms E Daniels, for assistance. Her email address is eudaniels@justice.gov.za.
Regards.
Aaron Roup
FISA EXCO Member
Good morning Yougan. Unfortunately, FISA has no control over the Guardian’s Fund operation at the office of the Master of the High Court. I would suggest that you contact the Master of the Pietermaritzburg High Court and request an update.
Regards.
Aaron Roup
FISA EXCO Member
Hi Aaron
I would like your assistance on this matter,I recieved a letter from the Magistrate Court in Pietermaritzburg stating since I have reached the mature age I can now claim the monies in the fund.
However when i went there I was told my guardian(grandmother who i didnt even know was my guardian)had claimed the monies in 2001 and 2002 and am now left with R1500 in the fund! Which is unbelievable.my grandmother was uneducated and passed away at the age of 60 in 2007.my father worked for a goverment hospital for 10years as a pathologist.I didnt claim and just need advice on what steps i can take ?
Good Morning Precious. You will need to approach the office of the Master of the High Court where the funds were deposited, to determine the process to follow to claim the funds due to you. If you can provide me with details of the office of the Master that you are dealing with, I may be able to provide you with the relevant contact details.
Regards.
Aaron Roup
FISA EXCO Member
Good afternoon to you. Ms Gangai has left the Master of the High Court offices in Pietermaritzburg. You need to contact Ms Daniels on 033-264 7007.
Regards.
Aaron Roup
FISA EXCO Member
Please see my earlier response to an email from you.
Aaron Roup
FISA EXCO Member
Good afternoon. My uncle is mentally incapacited. Sometimes ago he had a car accident. Someone with tenous relationship to him took advantage. She claimed on his behalf and R100.000 was paid to the lawyers instituting a claim. We just found out now, when she was looking for some documents/signatures from family members. We have since learnet that the money was deposited into the Guardians Fund. How do we contact the Fund? Could it be that she has already accessed the money and run. She doesn’t stay with my uncle–stays elsewhere and has no contact with family. Any leads would help. We wouldn’t afford a lawyer
Good morning Mark. Do you perhaps know at which office of the Master of the High Court this matter was reported to? Most of the Masters’ offices countrywide have Guardian’s Fund offices, and if you are able to provide me with the information requested, I may be able to provide you with contact details to assist you in resolving your query.
Aaron Roup
FISA EXCO Member
Thanks for responding. We have no idea to which Guardian Fund was the money deposited. Since the matter is in Gauteng, we suspect that this must have been done in Pretoria or in Johannesburg if there is a Guardian Fund there.
Good morning
Mark. You will need to contact the Master of the High Court in Pretoria. The contact person is Ms G Marais, and she may be contacted on 011 339 7789 or gmarais@justice.gov.za
Aaron Roup
FISA Council member
I submited the claim forms on the 7th December 2011 to get fund for 2012 not yet paid. I don’t know whom to contact to enquire about the progress.
KEDIBONE
Good Morning Kedibone. You do not mention which office of the Master of the High Court you are dealing with. If you can provide me with the office where you sent the documents to, I may be able to advise yiu who you need to speak to.
Regards.
Aaron Roup
FISA COUNCIL Member
Good morning Emily.
A trust fund can be created for anyone, whether their mother is alive or not. The trust would have possibly been created by the employers of the children’s father when he passed away. One does not have to wait for both parents to be deceased before creating a trust.
Regards.
Aaron Roup
FISA COUNCIL Member
Dear Aaron. The documents were submitted on 7th December 2011 Pretoria offices of master of high court. It was about allowance of a child for 2011.
I have applied for my son’s last payment the 31st of August 2011 at Master of High Court Bloemfontein. How long does the procedure take?
Good afternoon Sibongile. You should contact the Master of the High Court in Bloemfontein on 051 411 5500 and ask to speak to the Master, Jannie du Plessis, for further assistance.
Aaron Roup
FISA COUNCIL Member
AFTER NOON.AM VERY STRESSD MY DATE OF BIRTH HAS BEEN WRITTEN INCORRECT IN THER GARDIAN FUND AND I CAN NOT HAVE MY MONEY.WHAT CAN I DO?HELP
Please can you advise at which office of the Master of the High Court you lodged the papers for the Guardians Fund.
Aaron Roup
FISA COUNCIL Member
Hi Aoron
My dad passed away in 2008 but my share of the benefits was administered by the state because i was 16 at the time. On 21/11/2011 i submitted claim forms to the Polokwane Master of High Court and i was told that the money will be transferred into my account after 2 months. After 2 months of nothing i went back 26/01/2012 and i was told that the offices responsible for processing were not working for the whole of December due to office renovations andd that i should wait for another 2 months. Its been two months and now and still nothing. I dont know what to do now because I am studying in Cape Town
Good afternoon to you.
You will need to contact the Head of Office at the Master of the High Court in Polokwane. Contact details are listed below, for ease of reference.
•Master: Ms FP Mugivhi
•Tel: 015 – 291 4300
•Fax: 015 – 291 4320
•Postal Address: Private Bag X9670, Polokwane, 0700
•Physical Address: Cnr Grobler and Hans van Rensburg, Office 105, Library Garden, 1st floor, Polokwane
•Office Hours for the Public: 08h00 – 15h00
Should you not be successful in this approach, you could then escalate the matter to the office of the Chief Master, who may be emailed on chiefmaster@justice.gov.za
I trust that you will find the above in order.
Regards.
Aaron Roup
FISA COUNCIL Member
HI,I’ve been waiting to get my money from the guardian of funds from Pretoria for the past 4 years.when i try calling them,they never answer.is there a person i can contact so that i am treated fairly.and I’m in Durban,is there a way of claiming the cash from here.
Good morning Lionel. You will need to contact the Head of the Guardians Fund section in Pretoria. See contact details below.
GUARDIANS FUND: FAX NUMBER: (012) 329 1976
Deputy Master 012 339 7788 F Strauss
Email : fstrauss@justice.gov.za
Regards.
Aaron Roup
FISA COUNCIL Member
Hi my name is thandi,my father past away in 2001 and the money was deposited to the guardian fund,n I would like to find out how much was deposited into the fund ,how do I go about
Good afternoon Thandi. Please can you advise at which office of the Master of the High Court the estate was reported.
Many thanks.
Aaron Roup
FISA Councillor
Hi aron. The money was reported in pretoria masters office
It was loged at petermartsburg.they have told me my date of birth is incorrect.i know do not know what to do cause i need the funds for my university educaton
Hi,my name is nthabiseng ,I’m 19 years,the is money in my fathers estate which was deposited in the gurdian fund pretoria and I would like some assistance to buy a car,is this possible can they help me
Good morning Ntabiseng. You need to contact the Head of the Guardian’s Fund office at the Master of the High Court, Pretoria. Contact details are : Ms F Strauss, 012 339 7788 or fstrauss@justice.gov.za.
Regards.
Aaron Roup
FISA Councillor
Hi. MUST all money’s left to minors be deposited into the Guardians fund? You cant just pay the money to the parents? Say now its a small amount…It seems like an administrative burden.
Good morning to you.
Dependant on how the Last Will and Testament of the deceased has been structured, any monies left to a minor beneficiary will need to be placed with the Guardian’s Fund. The amount of money involved in the estate is not the deciding factor on whether funds needs to be deposited with the fund or not.
Regards.
Aaron Roup
FISA Councillor