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Table of Contents
Administration of Estates Act, 1965 (Act No. 66 of 1965)
Act
Preliminary
1. Definitions
Chapter I: Administrative Provisions
2. Appointment of Masters, Deputy and Assistant Masters
2A. Designation by Minister of service points and posts of persons to exercise functions on
3. Master's office at seat of High Court
4. Jurisdiction of Masters
5. Records of Master's office, etc.
6. Appraisers for the valuation of property
Chapter II: Deceased Estates
7. Death notices
8. Transmission, delivery of wills to Master, registration thereof
9. Inventories
10. Repealed
11. Temporary custody of property in deceased estates
12. Appointment of interim curator
13. Deceased estates not to be liquidated or distributed without letters of executorship or direction by Master
14. Letters of executorship to executors testamentary
15. Endorsement of appointment, assumed executors on letters of executorship
16. Letters of executorship and endorsements to or in favour of corporations
17. Repealed
18. Proceedings on failure of nomination of executors or on death, incapacity or refusal to act, etc.
19 Competition for office of executor
20. Application of section 21 to foreign letters of executorship
21 Sealing and signing of letters granted in a State
22 The Master may refuse to grant, endorse or sign seal letters of executorship in certain cases
23 Security for liquidation and distribution
24 Reduction of security given by executors
25 Estates of persons upon death not resident in Republic and do not own any property other than movable property in the Republic
26 Executor charged with custody, control of property in estate
27 Inventories by executors and valuation at instance of Master
28 Banking accounts
29 Notice by executors to lodge claims
30 Restriction on sale, execution of property, deceased estates
31 Late claims
32 Disputed claims
33 Rejected claims
34. Insolvent deceased estates
35. Liquidation and distribution accounts
36. Failure by executor to lodge account or to perform duties
37. Massed estates
38. Taking over by surviving spouse of estate or portion thereof
39. Registration of immovable property in deceased estate
40. Endorsement of testamentary trusts against title deeds and bonds
41. Production of title deed or bond to executor
42. Documents, lodged by executor with registration officer
43. Movable property to which minors and moneys to which absentees or persons under curatorship are entitled
44. Movable property to which minor or unborn heir is entitled subject to usufructuary or fiduciary rights or other like interests
45. Payment of moneys to minors or persons under curatorship domiciled outside the Republic
46. Failure to pay over moneys
47. Sales by executor
48. Extension of time and compounding of debts
49. Purchases by executor of property... mortgaged or pledged to the deceased
50. Executor making wrong distribution
51. Remuneration of executors and interim curators
52. No substitution or surrogation
53. Absence of executor from Republic
54. Removal from office of executor
55. Continuance of pending legal proceedings by remaining or new executor
56. Discharge of executors, and proceedings against discharged executors
Chapter IV:Tutors and Curators
71. Certain persons not to administer property as tutor or curator without letters of tutorship or curatorship
72. Letters of tutorship and curatorship to tutors and curators nominate and endorsement in case of assumed tutors and curators
73. Proceedings on failure of nomination of tutors or curators, or on death, incapacity or refusal to act, etc.
74. Foreign letters of tutorship or curatorship
75. Notifications in respect of tutors and curators
76. Authority conferred by letters of tutorship and curatorship
77. Security by tutors and curators
78. Inventories by tutors and curators
79. Returns by Masters to registration officers of immovable property...
80. Restriction on alienation or mortgage of immovable property...
81. Purchase by tutor or curator of property administered by him
82. Payment to Master of certain moneys
83. Accounts by tutors and curators
84. Remuneration of tutors and curators
85. Application of certain sections to tutors and curators
Chapter V:The Guardian's Fund
86. Existing guardian's fund to continue
87. Moneys in guardian's fund to be deposits for purposes of Act 45 of 1984
88. Interest on certain moneys in guardian's fund
89. Payments from guardian's fund
90. Payments to natural guardians, tutors and curators, or for and on behalf of miners and persons under curatorship
90A Payment to usufructuary or fiduciary or to his tutor or curator
91. Publication of list of unclaimed moneys
92. Forfeiture to State of moneys unclaimed for thirty years
93. Statements of certain unclaimed moneys to be published, and amounts unclaimed to be paid into guardian's fund
Chapter VI:Miscellaneous Provisions
94. Consent of Master to sub-division of immovable property on behalf of minor or unborn heir
95. Review of Master's appointments, etc.
96. Proceedings by Master
96A. Powers, duties and functions of Chief Master
97. Master's costs
98. Recovery of costs ordered to be paid... by executor, etc.
99. Master incapacitated from being executor, etc.
100. Exemption from liability for acts or omissions in Master's office
101. Evidence
102. Penalties
103. Regulations
104. Application of Act
105. Repeal of laws, and savings
106. Re-instatement for certain purposes of the provisions which were contained in sub-section (2) of section (2) of section 5 of Act 24 of 1913 prior to its substitution in terms of section 16 of Act 68 of 1957
107. Amends section 62 of the Mental Disorders Act
109. Short title and commencement
Schedule
Laws Repealed
Regulations
Regulations in terms of Section 103 of the Administration of Estates Act, 1965
Notice No. R. 473 of 1972
1. Definitions
2. Notice of Death
3. Inventory
4. Affidavit in Terms of Section 25 of the Act
5. Liquidation and Distribution Account
6. Extension of Period for Lodgment of Account
7. Accounts by Tutors and Curators
8. Tariff of Remuneration of Executors, Interim Curators, Tutors and Curators
9. to 12. Tariff of Remuneration and Allowances Payable to Appraisers
13. to 15. Statements of Certain Unclaimed Moneys
16. Master's Fees
17. Repeal of Regulations
Schedules
Schedule 1: Forms
Schedule 2: Tariff of Master's Fees
Preliminary
Purchase
1. Definitions
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