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repealed by Act 1984_012_002_19840307 - was entitled "Returns to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 repealed by Act 1993_132_016_19931006 - was entitled "Grant of letters of executorship to women"]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
|
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] |