Administration of Estates Act, 1965
R 385
Administration of Estates Act, 1965 (Act No. 66 of 1965)Chapter II: Deceased Estates32. Disputed claims |
| 1) | If an executor disputes any claim against the estate, he may, by notice in writing— |
| a) | require the claimant to lodge, in support of his claim, within a period specified in the notice, an affidavit setting forth such details of the claim as the executor may indicate in the notice; and |
| b) | with the consent of the Master, require the claimant or any other person who may in the opinion of the Master be able to give material information in connection with the claim, to appear before the Master or any magistrate or Master nominated by the Master, at a place and time stated in the notice, to be examined under oath in connection with the claim. |
| 2) | At an examination under paragraph (b) of sub-section (1), the person concerned may be questioned by the magistrate, or Master before whom the examination takes place, and by the executor and any heir or the attorney or advocate acting on behalf of the executor or any heir. |
| 3) | If any claimant fails without reasonable excuse to comply with any notice under sub-section (1), or having appeared in answer to any such notice, refuses to take the oath or to submit to examination or to answer fully and satisfactorily any lawful question put to him, his claim may be rejected by the executor. |
| 4) | Any magistrate or Master before whom any such examination takes place shall take or cause to be taken a record thereof and shall, at the request of the executor or of the claimant and at the expense of the estate, or of the claimant, as the case may be, furnish the executor or claimant with a copy of such record. |
