interest on the same at the rate of twelve per centum per annum for the whole period during which such money is so improperly retained and is not paid over to the Master. (3) Such tutor or curator shall be liable to be removed from his office of tutor or curator by the decree of any competent court if it appears expedient to such court so to do. (4) Whenever it comes to the knowledge of the Master that any such money has been so retained and not paid over to him by any such tutor or curator, he may forthwith institute an action against such tutor or curator in order to recover payment thereof and of the above-mentioned penal interest due thereon. 93 Further payment of moneys to Master Any tutor testamentary or curator nominate to whom it seems expedient so to do, except where the person by whom such tutor or curator has been appointed has directed that the same shall not be done, may pay over to the Master any money belonging to the person or estate under the guardianship of such tutor or curator and which by law such tutor or curator might lend out at interest. 94 Accounts of administration by tutors and curators (1) Every tutor, either testamentary or dative, and every curator, either nominate or dative, and every curator bonis shall, on or before the 15th February in every year, lodge with the Master a just, true and exact account of his administration of the estate or property under his guardianship, up to the 31st December preceding, and also a duplicate or otherwise a fair and true copy of such account. (2) If any such tutor or curator fails to lodge such account in manner aforesaid and has no lawful and sufficient excuse for such failure, it shall be competent for the Master to disallow the whole or any portion of the fees which such tutor or curator might otherwise have been entitled to receive in respect of his administration of such estate during the year preceding the said 31st December. (3) The survivor of two spouses whom the predeceasing spouse has by will or other lawful instrument appointed the tutor of his or her minor children, and the administrator of the joint estate of such spouses during the minority of such children, shall not in any case be required to lodge any such annual account in manner aforesaid, anything to the contrary in this section contained notwithstanding. 95 Summons by Master The Master may summon any tutor, whether testamentary or dative, and any curator, whether nominate or dative, and any curator bonis to show cause why any account which under section ninety-four ought to have been lodged with the Master has not been lodged, and section fifty-three to fifty-five shall apply, mutatis mutandis, to all proceedings taken by the Master in pursuance of this section. 96 Compensation of tutors and curators Every tutor, either testamentary or dative, and every curator, either nominate or dative, shall, in respect of his administration and management of any estate, be entitled to claim, retain and receive out of the assets of such estate a reasonable compensation for his care and diligence in the said administration, to be assessed and taxed by the Master, subject to the review of the High Court or any judge thereof, upon the petition of any such tutor or curator or of any person having an interest in the said estate. [Section amended by section 4 of Act 12 of 1997.] The Guardian’s Fund 97 The Guardian’s Fund (1) The Guardian’s Fund heretofore established under the operation of Ordinance No. 105 of the Cape of Good Hope shall be continued under and subject to this Act. (2) All moneys received by the Master under section fifty-one, sixty-one, eighty, ninety-two and ninety-three or otherwise shall form and become part of the said Guardian’s Fund and due and proper accounts shall be opened in respect thereto. 98 Interest on moneys of minors and mentally disordered or defective persons (1) Interest shall be allowed on every sum of money so received by the Master for account of any minor or mentally disordered or defective person or any person who has been declared by the High Court to be incapable of managing his own affairs from and including the date of receipt of such money and until and including the day preceding the date on which such person becomes entitled by law to draw the capital, and no longer: Provided that, on the 1st April in each year, the interest that has become due on any moneys as aforesaid shall be added to the capital in the books of the Guardian’s Fund, and in case such interest is not drawn by the person entitled thereto previous to the 1st April following or the date on which he or his estate becomes entitled by law to draw the capital, interest shall be allowed on the accumulated sum. [Subsection amended by section 4 of Act 12 of 1997.] (2) Interest on all moneys paid into the Guardian’s Fund in terms of section 5 of the Deceased Estates Succession Act [Chapter 51 of 1939] shall also be allowed from and including the date of receipt of such moneys and until and including the date of the death of the surviving spouse.