Older Persons Act, 2006
R 385
Administration of Estates Act, 1965 (Act No. 66 of 1965)Chapter II: Deceased Estates54. Removal from office of executor |
| 1) | An executor may at any time be removed from his office— |
| a) | by the Court— |
| i) | [Section 54 deleted by section 16 (a) of Act No. 86 of 1983.] |
| ii) | if he has at any time been a party to an agreement or arrangement whereby he has undertaken that he will, in his capacity as executor, grant or endeavour to grant to, or obtain or endeavour to obtain for any heir, debtor or creditor of the estate, any benefit to which he is not entitled; |
| iii) | if he has by means of any misrepresentation or any reward or offer of any reward, whether direct or indirect, induced or attempted to induce any person to vote for his recommendation to the Master as executor to effect or to assist in effecting such recommendation; or |
| iv) | if he has accepted or expressed his willingness to accept from any person any benefit whatsoever in consideration of such person being engaged to perform any work on behalf of the estate; or |
| v) | if for any other reason the Court is satisfied that it is undesirable that he should act as executor of the estate concerned; and |
| b) | by the Master— |
| i) | if he has been nominated by will and that will has been declared to be void by the Court or has been revoked, either wholly or in so far as it relates to his nomination, of if he has been nominated by will and the Master is of the opinion that the will is for any reason invalid; or |
| ii) | if he fails to comply with a notice under section 23 (3) within the period specified in the notice or within such further period as the Master may allow; or |
| iii) | if he or she is convicted, in the Republic or elsewhere, of theft, fraud, forgery, uttering a forged instrument or perjury, and is sentenced to imprisonment without the option of a fine, or to a fine exceeding R2 000; or |
| iv) | if at the time of his appointment he was incapacitated, or if he becomes incapacitated to act as executor of the estate of the deceased; or |
| v) | if he fails to perform satisfactorily any duty imposed upon him by or under this Act or to comply with any lawful request of the Master, or |
| vi) | if he applies in writing to the Master to be released from his office. |
| 2) | Before removing an executor from his office under sub-paragraph (i), (ii), (iii), (iv) or (v) of paragraph (b) of sub-section (1), the Master shall forward to him by registered post a notice setting forth the reasons for such removal, and informing him that he may apply to the Court within thirty days from the date of such notice for an order restraining the Master from removing him from his office. |
| 3) | An executor who has not been nominated by will may at any time be removed from his office by the Master if it appears that there is a will by which any other person who is capable of acting and consents to act as executor has been nominated as executor to the estate which he has been appointed to liquidate and distribute: Provided that if the non-production or non-disclosure of the will prior to the appointment of such first-mentioned executor has been due to the fault or negligence of the person therein nominated executor, the person so nominated shall be personally liable, at the instance of the Master or any person interested, to make good all expenses which have been incurred in respect of the appointment of such first-mentioned executor. |
| 4) | The Court removing any executor from his office may declare him incapable, during the period of his life or such other period as it may determine, of holding office as an executor. |
| 5) | Any person who ceases to be an executor shall forthwith return his letters of executorship to the Master. |
