EDUCATIONAL SERIES

Guardianship vs Trusteeship Explained

Understanding the difference between caring for a child and managing their inheritance
Infosheet 15 of 28

When a parent dies and leaves behind minor children, two separate questions arise: who will care for the children, and who will manage their inheritance? These are distinct legal roles — and confusing them, or combining them carelessly, can have serious consequences.

A guardian is responsible for a child’s daily life: their care, education, health, and upbringing. A trustee — where one is appointed — is responsible for managing the financial assets the child has inherited. One person can hold both roles, but only if they understand and properly fulfil each of them separately.

This infosheet clarifies the difference between guardianship and trusteeship, explains when each role applies, and sets out what is required of the person or persons appointed to these positions.

1 What Is a Guardian?

A guardian is responsible for the child’s day-to-day care.

Guardianship relates to raising the child, not managing money.

  • The child’s daily care
  • Education and medical decisions
  • Emotional and physical wellbeing
2 What Is a Trustee?

A trustee is only appointed if there is a testamentary trust created in the deceased’s will.

Trusteeship relates to managing assets, not raising the child.

  • Managing the child’s inheritance
  • Making financial decisions in the child’s best interests
  • Keeping records and reporting to the Master (if required)
3 Can One Person Be Both?

Yes. A guardian may also be appointed as trustee, but they must still:

  • Act in the child’s best financial interests
  • Keep trust funds separate from personal funds
  • Follow the trust deed and legal requirements
4 Why the Distinction Matters
  • Prevents misuse of funds
  • Ensures proper oversight
  • Protects the child’s long-term financial security

A Note From Our Practice

Losing someone you love is hard enough. The legal process of winding up their estate should not be a source of additional confusion or anxiety. But for most families, it is.

Estate administration in South Africa is a structured legal process governed by the Administration of Estates Act and a range of other legislation. It involves the Master of the High Court, SARS, financial institutions, the Deeds Office, and more. It takes time. It requires documents. And it can feel, at every turn, like a system that expects you to already know how it works.
We created this educational series because we believe informed families make better decisions and because the questions we are asked most often are the same ones that could be answered before a client ever walks through our door.

The CDT Educational Series consists of 28 infosheets covering the full spectrum of deceased estate administration, from the first 72 hours after a death to the final distribution of assets. Each infosheet is written in plain language, without jargon, and is designed to give you a clear picture of what the process involves and why each step exists.

Important: These infosheets are educational resources. They provide general information about the estate administration process in South Africa and are not intended as legal advice. Every estate has its own facts, complexities, and circumstances. Nothing in this series should be relied upon as a substitute for professional legal guidance specific to your matter.

Our intention is simple: to help you understand the landscape, ask the right questions, and feel confident when you come to us for help. Because when you are ready, we are here.

Cari du Toit & Aqeela Peters

Directors
Cari du Toit Incorporated Attorneys & Conveyancers