| 1) |
In respect of the estate of a deceased person, or of any portion thereof, jurisdiction shall lie— |
[Words preceding Section (1)(a) substituted by section 8 of Act No. 11 of 2009]]
| a) |
in the case of a deceased person who was, at the date of his or her death, ordinarily resident within the area of jurisdiction of a High Court, with the Master appointed in respect of that area; and |
| b) |
in the case of a deceased person who was not at that date so resident, with the Master to whom application is made to grant letters of executorship or to sign and seal any such letters already granted in respect of the estate concerned: |
Provided that on written application by any person having an interest in a deceased estate, a Master who would otherwise have no jurisdiction in respect of that estate may, with the consent of the Master who has such jurisdiction, assume jurisdiction in respect of that estate.
| 1A) |
[Section 4 (1A) deleted by section 8 of Act No. 11 of 2009]. |
| a) |
in the case of any such person who is ordinarily resident within the area of jurisdiction of a High Court, with the Master appointed in respect of that area; and |
| b) |
in the case of any such person who is not so resident, with the Master appointed in respect of any such area in which is situate the greater or greatest portion of the property of that person; |
Provided that—
| i) |
a Master who has exercised jurisdiction under paragraph (a) or (b) shall continue to have jurisdiction notwithstanding any change in the ordinary residence of the person concerned or in the situation of the greater or greatest portion of his property; and |
| ii) |
in the case of any mentally ill person who under the Mental Health Act, 1973 (Act No. 18 of 1973), has been received or is detained in any place, jurisdiction shall lie with the Master who, immediately prior to such reception or detention, had jurisdiction in respect of his property under paragraph (a) or (b). |
| 3) |
No act performed by a Master in the bona fide belief that he has jurisdiction shall be invalid merely on the ground that it should have been performed by another Master. |
| 4) |
If more than one Master has in such belief exercised jurisdiction in respect of the same estate or property, that estate or property shall, without prejudice to the validity of any act already performed by or under the authority of any other Master, as soon as it becomes known to the Masters concerned, be liquidated, distributed or administered as the case may be, under the supervision of the Master who first exercised such jurisdiction, and any appointment made and any grant, signing and sealing or endorsement of letters of executorship, tutorship or curatorship, by any other Master in respect of that estate or properly, shall thereupon be cancelled by such other Master. |
Older Persons Act, 2006
