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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Administration of Estates Act, No. 66 of 1965

Long title

To consolidate and amend the law relating to the liquidation and distribution of the estates of deceased persons, the administration of the property of minors and persons under curatorship, and of derelict estates; to regulate the rights of beneficiaries under mutual wills made by any two or more persons; to amend the Mental Disorders Act, 1916; and to provide for incidental matters

Table of contents

SECTION TITLE
ARRANGEMENT OF SECTIONS
1. Definitions
CHAPTER I. ADMINISTRATIVE PROVISIONS
2. Appointment of Masters, Deputy Masters and Assistant Masters
2A. Designation by Minister of service points and of posts of persons to exercise functions on behalf of Master [...inserted by Act 2002_047_001]
3. Master’s office to be at seat of High Court
4. Jurisdiction of Masters
5. Records of Master’s office, etc
6. Appraisers for the valuation of property
CHAPTER II. DECEASED ESTATES
7. Death notices
8. Transmission or delivery of wills to Master and registration thereof
9. Inventories
10. ....
11. Temporary custody of property in deceased estates
12. Appointment of interim curator
13. Deceased estates not to be liquidated or distributed without letters of executorship or direction by Master
14. Letters of executorship to executors testamentary
15. Endorsement of appointment of assumed executors on letters of executorship
16. Letters of executorship and endorsements to or in favour of corporations
17. ...
18. Proceedings on failure of nomination of executors or on death, incapacity or refusal to act, etc
19. Competition for office of executor
20. Application of section 21 to foreign letters of executorship
21. Sealing and signing of letters granted in a State
22. The Master may refuse to grant, endorse or sign and seal letters of executorship in certain cases
23. Security for liquidation and distribution
24. Reduction of security given by executors
25. Estates of persons who upon their death are not resident in the Republic and do not own any property other than movable property in the Republic
26. Executor charged with custody and control of property in estate
27. Inventories by executors and valuation at instance of Master
28. Banking accounts
29. Notice by executors to lodge claims
30. Restriction on sale in execution of property in deceased estates
31. Late claims
32. Disputed claims
33. Rejected claims
34. Insolvent deceased estates
35. Liquidation and distribution accounts
36. Failure by executor to lodge account or to perform duties
37. Massed estates
38. Taking over by surviving spouse of estate or portion thereof
39. Registration of immovable property in deceased estate
40. Endorsement of testamentary trusts against title deeds and bonds
41. Production of title deed or bond to executor
42. Documents to be lodged by executor with registration officer
43. Movable property to which minors and moneys to which absentees or persons under curatorship are entitled
44. Movable property to which minor or unborn heir is entitled subject to usufructuary or fiduciary rights or other like interests
45. Payment of moneys to minors or persons under curatorship domiciled outside the Republic
46. Failure to pay over moneys
47. Sales by executor
48. Extension of time and compounding of debts
49. Purchases by executor of property in estate, or mortgaged or pledged to the deceased
50.  Executor making wrong distribution
51. Remuneration of executors and interim curators
52. No substitution or surrogation
53. Absence of executor from Republic
54. Removal from office of executor
55. Continuance of pending legal proceedings by remaining or new executor
56. Discharge of executors, and proceedings against discharged executors
CHAPTER III.
57. ...
58. ...
59. ...
60. ...
61. ...
62. ...
63. ...
64. ...
65. ...
66. ...
67. ...
68. ...
69. ...
70. ...

CHAPTER IV. TUTORS AND CURATORS
71. Certain persons not to administer property as tutor or curator without letters of tutorship or curatorship
72. Letters of tutorship and curatorship to tutors and curators nominate and endorsement in case of assumed tutors and curators
73. Proceedings on failure of nomination of tutors or curators, or on death, incapacity or refusal to act, etc
74. Foreign letters of tutorship or curatorship
75. Notifications in respect of tutors and curators
76. Authority conferred by letters of tutorship and curatorship
77. Security by tutors and curators
78. Inventories by tutors and curators
79. Returns by Masters to registration officers of immovable property included in inventory
80. Restriction on alienation or mortgage of immovable property by natural guardian, tutor or curator
81. Purchase by tutor or curator of property administered by him
82. Payment to Master of certain moneys
83. Accounts by tutors and curators
84. Remuneration of tutors and curators
85. Application of certain sections to tutors and curators
CHAPTER V. THE GUARDIAN’S FUND
86. Existing guardian’s fund to continue
87. Moneys in guardian’s fund to be deposits for purposes of Act 45 of 1984
88. Interest on certain moneys in guardian’s fund
89. Payments from guardian’s fund
90. Payments to natural guardians, tutors and curators, or for and on behalf of minors and persons under curatorship
90A. Payment to usufructuary or fiduciary or to his tutor or curator
91. Publication of list of unclaimed moneys
92. Forfeiture to State of moneys unclaimed for thirty years
93. Statements of certain unclaimed moneys to be published, and amounts unclaimed to be paid into guardian’s fund
CHAPTER VI. MISCELLANEOUS PROVISIONS
94. Consent of Master to sub-division of immovable property on behalf of minor or unborn heir
95. Review of Master’s appointments, etc
96. Proceedings by Master
97. Master’s costs
98. Recovery of costs ordered to be paid de bonis propriis by executor, etc
99. Master incapacitated from being executor, etc
100. Exemption from liability for acts or omissions in Master’s office
101
Evidence
102
Penalties
103
Regulations
104
Application of Act
105
Repeal of laws, and savings
106
Re-instatement for certain purposes of the provisions which were contained in subsection (2) of section 5 of Act 24 of 1913 prior to its substitution in terms of section 16 of Act 68 of 1957
107
Amendment of section sixty-two of the Mental Disorders Act, 1916
108
 ...
108A. ....
109
Short title and commencement
Sch.
SCHEDULE. LAWS REPEALED

Legislation Text Access Point

Versions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]
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As unamended Act 1965_066_000_00000000 EXT.LIMK REQ.INFO LINK
As amended by Act 1967_102_000_00000000 N/A REQ.INFO LINK
As amended by Act 1969_015_000_00000000 N/A REQ.INFO LINK
As amended by Act 1970_054_000_00000000 N/A REQ.INFO LINK
As amended by Act 1971_079_000_00000000 N/A REQ.INFO LINK
As amended by Act 1975_057_000_00000000 N/A REQ.INFO LINK
As amended by Act 1978_015_000_00000000 N/A REQ.INFO LINK
As amended by Act 1979_070_000_00000000 N/A REQ.INFO LINK
As amended by Act 1981_090_000_00000000 N/A REQ.INFO LINK
As amended by Act 1983_086_000_00000000 N/A REQ.INFO LINK
As amended by Act 1984_012_000_00000000 N/A REQ.INFO LINK
As amended by Act 1986_035_000_00000000 N/A REQ.INFO LINK
As amended by Act 1986_097_000_00000000 N/A REQ.INFO LINK
As amended by Act 1988_057_000_00000000 N/A REQ.INFO LINK
As amended by Act 1990_063_000_00000000 N/A REQ.INFO LINK
As amended by Act 1990_108_000_00000000 N/A REQ.INFO LINK
As amended by Act 1991_108_000_00000000 N/A REQ.INFO LINK
As amended by Act 1992_043_000_00000000 N/A REQ.INFO LINK
As amended by Act 1992_139_000_00000000 N/A REQ.INFO LINK
As amended by Act 1993_157_000_19931013 N/A REQ.INFO LINK
As amended by Act 1993_192_000_00000000 N/A REQ.INFO LINK
As amended by Act 1996_049_000_19961004 N/A REQ.INFO LINK
As amended by Act 1996_104_000_19961127 N/A REQ.INFO LINK
As amended by Act 1997_047_000_19971013 N/A REQ.INFO LINK
As amended by Act 1999_026_000_19990428 N/A REQ.INFO LINK
As amended by Act 2000_062_000_20001213 N/A REQ.INFO LINK
As amended by Act 2001_020_000_20010720 N/A REQ.INFO LINK
As amended by Act 2002_047_000_20021205 N/A REQ.INFO LINK
As amended by Act 2003_016_000_20030710 N/A REQ.INFO LINK
As amended by Act 2005_022_000_20060111 N/A REQ.INFO LINK
As amended by Act 2005_028_000_20060412 N/A REQ.INFO LINK
As amended by Act 2008_066_000_20090217 N/A REQ.INFO LINK
As amended by Act 2009_011_000_20090421 N/A REQ.INFO LINK
As amended by Act 2017_008_000_20170802N/AREQ.INFOLINK
As amended by... N/A REQ.INFO LINK

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