1965_066_000-Ove-v19650604

Administration of Estates Act, No. 66 of 1965
[... jurisiction extended to cover whole of RSA by Act 2001_020_020_20010720]

Long title

o 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

[... substituted by Act 1988_057_026_19880617 Sch]

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_20021205]
3.	Master’s office to be at seat of High Court [... Title amended by Act 2001_020_003_20010720 - was entitled "Master's office to be at seat of provincial division of Supreme 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.	... [... repealed by Act 1984_012_002_19840307 - was entitled "Returns to registration officers of certain interests in immovable property"]
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.	... [... repealed by Act 1993_132_016_19931006 - was entitled "Grant of letters of executorship to women"]
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 [... Title amended by Act 1984_012_002_19840307 - was entitled 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 [... Title amended by Act 1983_086_015 - was entitled "Leave of absence of executor"]
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.	... [... repealed by Act 1988_057_026_19880617 Sch Item5 - was entitled "In certain cases property not to be administered without letters of administratorship"]
58.	... [... repealed by Act 1988_057_026_19880617 Sch Item5 - was entitled "Orders by Master prohibiting administration without letters of administratorship"]
59.	... [... repealed by Act 1988_057_026_19880617 Sch Item5 - was entitled "Letters of administratorship to administrators nominated by deceased persons, and endorsements in case of assumed administrators"]
60.	... [... repealed by Act 1988_057_026_19880617 Sch Item5 - was entitled "Proceedings on failure of nomination of administrators, or on death, incapacity or refusal to act, etc."]
61.	... [... repealed by Act 1988_057_026_19880617 Sch Item5 - was entitled "Competition for office of administrator"]
62.	... [... repealed by Act 1988_057_026_19880617 Sch Item5 - was entitled "Foreign letters of administratorship"]
63.	... [... repealed by Act 1988_057_026_19880617 Sch Item5 - was entitled "Security by administrators"]
64.	... [... repealed by Act 1988_057_026_19880617 Sch Item5 - was entitled "Transfer and mortgage of immovable property by or in favour of administrators"]
65.	... [... repealed by Act 1988_057_026_19880617 Sch Item5 - was entitled "Accounts by Administrators"]
66.	... [... repealed by Act 1988_057_026_19880617 Sch Item5 - was entitled "Movable property to which minors and moneys to which absentees or persons under curatorship are entitled"]
67.	... [... repealed by Act 1988_057_026_19880617 Sch Item5 - was entitled "Payment of moneys to minors or persons under curatorship domiciled outside the Republic"]
68.	... [... repealed by Act 1988_057_026_19880617 Sch Item5 - was entitled "Administrator making wrong distribution"]
69.	... [... repealed by Act 1988_057_026_19880617 Sch Item5 - was entitled "Remuneration of administrators"]
70.	... [... repealed by Act 1988_057_026_19880617 Sch Item5 - was entitled "Application of certain sections to administrators"]
	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 [... Title substituted by Act 1983_086_019_19830706 - was entitled "Moneys in guardian's fund to be deposits for purposes of Act 18 of 1911"] [... Title substituted by Act 2001_020_013_20010720 - was entitled "Moneys in guardian’s fund to be deposits for purposes of Act 2 of 1969"]
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 [... inserted by Act 1986_035_003_19860423]
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
96A.	Powers, duties and functios of Chief Master [... inserted by Act 2023_015_008_20240403]
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 62 of Act 38 of 1916 as amended by section 1 of Act 13 of 1946
108	... [... repealed by Act 1988_057_026_19880617 Sch - was entitled "Limitation of application of Act 34 of 1934"]
108A.	... [... inserted by Act 1970_054_010_19700923] [... repealed by Act 1996_049_001_19961004 Sch - was entitled "Application of this Act to South West Africa]
109	Short title and commencement
Sch.	SCHEDULE. LAWS REPEALED [s105]

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