Older Persons Act, 2006
R 385
Administration of Estates Act, 1965 (Act No. 66 of 1965)Chapter II: Deceased Estates51. Remuneration of executors and interim curators |
| 1) | Every executor (including an executor liquidating and distributing an estate under sub-section (4) of section thirty-four ) shall, subject to the provisions of sub-sections (3) and (4), be entitled to receive out of the assets of the estate— |
| a) | such remuneration as may have been fixed by the deceased by will; or |
| b) | if no such remuneration has been fixed, a remuneration which shall be assessed according to a prescribed tariff and shall be taxed by the Master. |
| 2) | An interim curator appointed under section twelve shall, subject to the provisions of sub-section (3), be entitled to receive out of the assets of the estate a remuneration which shall be so assessed and taxed. |
| 3) | The Master may— |
| a) | if there are in any particular case special reasons for doing so, reduce or increase any such remuneration; |
| b) | disallow any such remuneration, either wholly or in part, if the executor or interim curator has failed to discharge his duties or has discharged them in an unsatisfactory manner; and |
| c) | if the deceased had a limited interest in any property which terminated at his death, direct that so much of such remuneration as the Master considers equitable, or the whole thereof if there are no other assets available for the payment of such remuneration, shall be paid in such proportion as he may determine by the persons who became entitled to the property at the death of the deceased. |
| 4) | An executor shall not be entitled to receive any remuneration before the estate has been distributed as provided in section 34(11) , or 35 (12) , as the case may be, unless payment of such remuneration has been approved in writing by the Master. |
