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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Apply the master's supervision of the administration of an estate of a person incapable of managing his or her own affairs 
SAQA US ID UNIT STANDARD TITLE
365187  Apply the master's supervision of the administration of an estate of a person incapable of managing his or her own affairs 
ORIGINATOR
Task Team - Justice Legal Training 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Justice in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 6  NQF Level 06 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This unit standard is aimed at Assistant Masters and Examiners who supervise the work of tutors, curators bonis and administrators.

Learners credited with this unit standard will be able to execute their regulatory functions in a lawful, open and accountable manner. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
It is assumed that the learner has the following knowledge and skills:
  • The law of persons, family law, the law of things and contracts.
  • English language proficiency at NQF Level 4.
  • Mathematics or mathematical literacy at NQF Level 3.

    Learners should ideally have been successfully assessed against the unit standard appoint a Tutor, Curator or Administrator to a person incapable or prohibited from managing his or her own affairs. 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain the role of the Master in authorising the administration of an estate of persons incapable of managing their own affairs. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The need for regulation in the administration process of an estate of a person incapable of managing his/her own affairs is explained. 

    ASSESSMENT CRITERION 2 
    The tools available to the Master in regulating the administration process of an estate of a person incapable of managing his/her own affairs are explained. 

    ASSESSMENT CRITERION 3 
    The need for the Master to comply with the requirements of administrative justice is explained. 
    ASSESSMENT CRITERION RANGE 
    Administrative justice includes the need to have statutory authority for decisions, the need to follow fair procedures when making decisions, the need to exercise a discretionary power rationally and reasonably and the need to give reasons for decisions.
     

    SPECIFIC OUTCOME 2 
    Apply the Masters' power to regulate the functions of a tutor, curator bonis, administrator or natural guardian to a set of facts. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A decision is made on an application by the tutor, curator bonus, administrator or natural guardian to alienate or mortgage property under his or her control. 

    ASSESSMENT CRITERION 2 
    A decision is made on an application by the tutor, curator bonus or administrator to purchase property under his or her control. 

    ASSESSMENT CRITERION 3 
    A decision is made on an application by the tutor, curator bonus or administrator for a direction not to pay money into the hands of the Master. 

    ASSESSMENT CRITERION 4 
    A decision is made on an application by the tutor, curator bonus or administrator for an increased fee. 

    ASSESSMENT CRITERION 5 
    A decision is made on an application by a tutor, curator bonus or administrator for permission to pay an amount for the monthly maintenance of the incapable person. 

    ASSESSMENT CRITERION 6 
    A decision is made on an application by a tutor or curator bonus for a direction from the Master when exercising powers in terms of a court order. 
    ASSESSMENT CRITERION RANGE 
    The typical powers given by the court includes the power to receive, take care of control and administer property; institute and defend legal proceedings; to carry on business; to invest funds; to encumber estate assets when raising funds; to let, exchange, partition or alienate estate assets; to contract relating to property; to acquire property; to maintain, preserve, or improve assets (see, for example, Ex Parte Hulett 1968 (4) SA 172 (D) on page 175 to 176).
     

    ASSESSMENT CRITERION 7 
    A decision is made on an application by a tutor or curator bonus for an extension to lodge his or her account. 

    SPECIFIC OUTCOME 3 
    Register a caveat in appropriate cases. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The need to register a caveat is identified. 

    ASSESSMENT CRITERION 2 
    The correct procedure for registering a caveat is followed. 

    SPECIFIC OUTCOME 4 
    Decide on an appropriate remedy when a tutor, curator bonus or administrator does not fulfil his or her duties and implement the decision. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The need to reduce or disallow the fee of the tutor or curator bonus is identified and the fee is reduced to an appropriate level or is disallowed. 

    ASSESSMENT CRITERION 2 
    The need to remove the tutor or curator bonus is identified and the tutor or curator bonus is removed in a manner that complies with the applicable statutes when appropriate. 

    ASSESSMENT CRITERION 3 
    The security of the tutor or curator is called up in a manner that complies with the contract between the Master and the relevant insurance company when appropriate. 

    ASSESSMENT CRITERION 4 
    The need to increase the security of the administrator is identified and steps are taken to demand the increased security when appropriate. 

    ASSESSMENT CRITERION 5 
    The need to appoint a co-administrator is identified and the co-administrator is appointed when appropriate. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through RPL) against this Unit Standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA, or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this Unit Standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this Unit Standard or assessing this Unit Standard must be accredited as a provider with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • Chapter 4 of the Administration of Estates Act 66 of 1965, as amended.
  • Regulations in terms of section 103 of the Administration of Estates Act 1965 as amended (R473 Gazette 3425 dated 24 March 1972) in the latest amended form when assessment of the learner takes place.
  • The Mental Health Care Act 17 of 2002, as amended.
  • The Prevention of Organised Crime Act 121 of 1998, as amended.
  • The Promotion of Administrative Justice Act 3 of 2000 as amended.
  • The common law relating to persons and their capacity to act. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identifying and solving problems in which responses display that responsible decisions using critical and creative thinking have been made when:
  • An application to alienate or mortgage fixed property has been decided.
  • An application for an endorsement of a power of attorney to transfer fixed property has been decided.
  • An application to confirm the purchasing of estate assets by the tutor or curator bonus or a person connected to the tutor or curator bonus has been decided.
  • An application for a direction not to pay money to the Master has been decided.
  • An application for an increased fee for the tutor or curator bonus has been decided.
  • An application for a direction on the exercise of a power assigned by a court order has been decided. 

  • UNIT STANDARD CCFO WORKING 
    Working effectively with others as a member of a team, group, organisation, and community during:
  • The Master's discretionary powers (see the bullets under item 1 above) have been exercised in a manner that involved stakeholders in the decision making process. 

  • UNIT STANDARD CCFO COLLECTING 
    Collecting, analysing, organising and critically evaluating information to better understand and explain:
  • The Master's discretionary powers (see the bullets under item 1 above) have been exercised after the matter has been investigated and the relevant facts have been collected. 

  • UNIT STANDARD CCFO COMMUNICATING 
    Communicating effectively using visual, mathematical and/or language skills in the modes of oral and/or written persuasion when:
  • The relevant letters and reports necessary to exercise the Master's powers have been generated and sent. 

  • UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrating an understanding of the world as a set of related systems by recognising that problem-solving contexts do not exist in isolation when:
  • All stakeholders were consulted during the decision making process. 

  • UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Elective  50265   National Certificate: Family Law Practice  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2023-06-30  SAS SETA 
    Elective  97228   National Certificate: Paralegal Practice  Level 5  NQF Level 05  Reregistered  2021-06-30  As per Learning Programmes recorded against this Qual 
    Elective  49598   National Diploma: Paralegal Practice  Level 5  NQF Level 05  Reregistered  2023-06-30  SAS SETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    NONE 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.