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Administration of Estates Act, 1965 (Act No. 66 of 1965)

Chapter VI: Miscellaneous Provisions

103. Regulations

 

1) The Minister may make regulations—
a) providing for the custody and preservation of any records, moneys or securities in  the offices of Masters, the removal from such offices and preservation in any other place of such records and the destruction of such records of an ephemeral nature;
b) as to payments out of working balances of the guardian's fund;
c) providing for the good conduct of Master's offices or prescribing the practice and procedure to be observed therein;
d) prescribing the matters in respect of which Master's fees shall be payable, the tariff of such fees and the manner in which such fees shall be payable;
e) prescribing a tariff of remuneration payable to any person performing any act relating to the liquidation or distribution of an estate on behalf of the executor of the estate in question and prohibiting the charging or recovery of remuneration at a higher tariff than the tariff so prescribed;
f) prescribing which persons, including juristic persons, are prohibited from liquidating or distributing a deceased estate;
g) prescribing any exemptions from the prohibition contemplated in paragraph (f), which exemptions may be permanent or to the extent specified in each case;
h) as to all matters which by this Act are required or permitted to be prescribed; and
i) generally, as to all matters which he or she considers it necessary or expedient to prescribe in order that the purposes of this Act may be achieved.

[Section 103(1)(f)(g)(h)(i) substituted by section 9 of the Judicial Matters Amendment Act 2023, Notice No. 4597, GG50430, dated 3 April 2024 - comes into operation on a date fixed by the President by proclamation in the Gazette (section 35(2)]

 

2) Any regulations made under sub-section (1) may provide that any person that contravenes such regulations or fails to comply therewith shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding three months.

 

3) Any regulations made under section 118 of the Administration of Estates Act, 1913 (Act No. 24 of 1913), shall be deemed to have been made under sub-section (1).