ESTATES AND SUCCESSION

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1 Page 1 of 57 ESTATES AND SUCCESSION ESTATES ADMINISTRATION OF ESTATES ACT 66 OF 1965 (English text signed by the State President) as amended by also amended by Regulations under this Act GG GG

2 Page 2 of 57 ACT To consolidate and amend the law relating to the liquidation and distribution of the estates of deceased persons, the administration of the property of minors and persons under curatorship, and of derelict estates; to regulate the rights of beneficiaries under mutual wills made by any two or more persons; to amend the Mental Disorders Act, 1916; and to provide for incidental matters. Cases 1 Definitions PRELIMINARY (s 1) Cases 'absentee' 'accountant' 'act of insolvency' eight 'administrator' 'appraiser' six 'bank' (b) 'banking institution' (a) 'building society' (a) 'Court' (c) 'curator' seventy-two 'executor' fifteen

3 Page 3 of 57 'heir' donatio mortis causa 'immovable property' 'letters of administratorship' 'letters of curatorship' 'letters of executorship' 'letters of tutorship' 'magistrate' 'Master' (d) 'Minister' 'office' (b) (e) 'person under curatorship' 'property' 'Republic' (a) 'State' twenty

4 Page 4 of 57 'territory' (b) 'trustee' 'tutor' seventytwo CHAPTER I ADMINISTRATIVE PROVISIONS (ss 2-6) 2 Appointment of Masters, Deputy Masters and Assistant Masters Cases (a) (b) iuris

5 Page 5 of 57 2A Designation by Minister of service points and of posts of persons to exercise functions on behalf of Master 3 Master's office to be at seat of High Court (a) (b) 4 Jurisdiction of Masters Cases (a) (a) (a) (b)

6 Page 6 of 57 (a) [NB: ] (b) [NB: ] (a) (b) (a) (b) (a) (b) (b) bona fide

7 Page 7 of 57 5 Records of Master's office, etc fifteen 6 Appraisers for the valuation of property (a) (b) CHAPTER II DECEASED ESTATES (ss 7-56)

8 Page 8 of 57 7 Death notices (a) [NB: (a) ] (b) (a) (a) (b) (a) 8 Transmission or delivery of wills to Master and registration thereof Cases

9 Page 9 of 57 9 Inventories (a) thirty-seven (b) (c) [NB: ] (a) (a) (b)

10 Page 10 of 57 thirty-seven (b) (b) (a) (a) (b) Temporary custody of property in deceased estates (a) (b) bona fide (c)

11 Page 11 of 57 (b) 12 Appointment of interim curator (a) (b) (c) (a) (b) (b) 13 Deceased estates not to be liquidated or distributed without letters of executorship or direction by Master Cases fifteen fifteen

12 Page 12 of Letters of executorship to executors testamentary Cases (a) (b) (a) (a) (b) 15 Endorsement of appointment of assumed executors on letters of executorship (a) (b) 16 Letters of executorship and endorsements to or in favour of corporations Cases fourteen fifteen (a)

13 Page 13 of 57 (b) Proceedings on failure of nomination of executors or on death, incapacity or refusal to act, etc Cases (a) (b) (c) (d) (e) (f) Gazette (a) (b)

14 Page 14 of 57 (c) * Gazette (a) (d) (b) (e) (a) (b) (f) sixteen mutatis mutandis 19 Competition for office of executor Cases (a)

15 Page 15 of 57 (b) (c) (d) 20 Application of section 21 to foreign letters of executorship Gazette twenty-one forty 21 Sealing and signing of letters granted in a State (i) 22 The Master may refuse to grant, endorse or sign and seal letters of executorship in certain cases Cases (a) (b)

16 Page 16 of 57 (c) (a) fifteen twenty-one domicilium citandi et executandi (b) (a) fifty-four (b) (c) 23 Security for liquidation and distribution Cases twenty-five twenty-five (a) (b) (c) (d) (a) (b) (c) fifteen

17 Page 17 of Reduction of security given by executors 25 Estates of persons who upon their death are not resident in the Republic and do not own any property other than movable property in the Republic (a) (b) (a) (b) (c) 26 Executor charged with custody and control of property in estate Cases

18 Page 18 of Inventories by executors and valuation at instance of Master (a) (b) (a) (b) (c) 28 Banking accounts Cases (a)

19 Page 19 of 57 (b) (a) (c) (a) (a) (a) (b) (b) (c) (d) 29 Notice by executors to lodge claims Cases Gazette

20 Page 20 of Restriction on sale in execution of property in deceased estates Cases (a) twenty-nine (b) (b) 31 Late claims twenty-nine (a) (b) 32 Disputed claims Cases (a) (b) (b)

21 Page 21 of Rejected claims Cases thirty-two 34 Insolvent deceased estates Cases (a) (a) (b) (b) (a) (c)

22 Page 22 of 57 (b) mutatis mutandis (a) (b) (a) (b) (b) mutatis mutandis (a) (b) (a) mutatis mutandis (a) (b)

23 Page 23 of 57 (c) 35 Liquidation and distribution accounts Cases (a) (b) (a) (a) (b) (b) (b) (c)

24 Page 24 of 57 (d) (a) Gazette (b) (a) (b) (e)

25 Page 25 of 57 (a) (b) (c) (f) 36 Failure by executor to lodge account or to perform duties de bonis propriis 37 Massed estates

26 Page 26 of Taking over by surviving spouse of estate or portion thereof (a) (b) (c) (d) mutatis mutandis forty-three forty-three mutatis mutandis 39 Registration of immovable property in deceased estate Cases

27 Page 27 of 57 (c) 40 Endorsement of testamentary trusts against title deeds and bonds Cases (a) (b) (c) 41 Production of title deed or bond to executor Cases 42 Documents to be lodged by executor with registration officer

28 Page 28 of 57 Cases 43 Movable property to which minors and moneys to which absentees or persons under curatorship are entitled Cases (a) (b)

29 Page 29 of 57 (a) (b) 44 Movable property to which minor or unborn heir is entitled subject to usufructuary or fiduciary rights or other like interests (a) (b) mutatis mutandis forty-three forty-three mutatis mutandis 45 Payment of moneys to minors or persons under curatorship domiciled outside the Republic

30 Page 30 of Failure to pay over moneys Cases twenty-eight 47 Sales by executor Cases (a) (b) 48 Extension of time and compounding of debts 49 Purchases by executor of property in estate, or mortgaged or pledged to the deceased Cases thirty-eight 50 Executor making wrong distribution

31 Page 31 of 57 Cases thirty-four thirty-five (a) twenty-nine (b) 51 Remuneration of executors and interim curators Cases thirty-four (a) (b) twelve (a) (b) (c) 52 No substitution or surrogation Cases

32 Page 32 of Absence of executor from Republic (a) (b) (c) 54 Removal from office of executor Cases (a) (a) (b) (b)

33 Page 33 of 57 (b) 55 Continuance of pending legal proceedings by remaining or new executor 56 Discharge of executors, and proceedings against discharged executors Cases seventeen

34 Page 34 of 57 (a) (b) (a) CHAPTER III CHAPTER IV TUTORS AND CURATORS (ss 71-85) 71 Certain persons not to administer property as tutor or curator without letters of tutorship or curatorship Cases seventy-two sixty-two 72 Letters of tutorship and curatorship to tutors and curators nominate and endorsement in case of assumed tutors and curators Cases (a) (b) (c)

35 Page 35 of 57 (d) (b) (c) (d) (e) (a) (a) (b) sixteen twenty-two mutatis mutandis fifteen 73 Proceedings on failure of nomination of tutors or curators, or on death, incapacity or refusal to act, etc Cases (a)

36 Page 36 of 57 (b) (b) (b) (c) (b) (c) (d) (e) (f) (a) (b) (c) (d) (c) Gazette (a) mutatis mutandis (c) (d) 74 Foreign letters of tutorship or curatorship twenty-one twenty mutatis mutandis 75 Notifications in respect of tutors and curators seventy-two Gazette

37 Page 37 of Authority conferred by letters of tutorship and curatorship Cases (a) (b) (a) (d) seventy-two (b) (a) (b) (c) 77 Security by tutors and curators Cases (d) (a) (b) (c) seventy-two (a)

38 Page 38 of 57 (b) (c) (a) (b) 78 Inventories by tutors and curators Cases (a) (b) (c) 79 Returns by Masters to registration officers of immovable property included in inventory

39 Page 39 of 57 seventy-eight eighty 80 Restriction on alienation or mortgage of immovable property by natural guardian, tutor or curator Cases (a) * Gazette (b) * Gazette 81 Purchase by tutor or curator of property administered by him 82 Payment to Master of certain moneys (a) (b) (c)

40 Page 40 of Accounts by tutors and curators Cases (a) (b) 84 Remuneration of tutors and curators (a) (b) (a) (b) 85 Application of certain sections to tutors and curators Cases

41 Page 41 of 57 mutatis mutandis CHAPTER V THE GUARDIAN'S FUND (ss 86-93) 86 Existing guardian's fund to continue ninety-one (a) (b) (c) 87 Moneys in guardian's fund to be deposits for purposes of Act 45 of Interest on certain moneys in guardian's fund (a)

42 Page 42 of 57 (b) (a) (b) 89 Payments from guardian's fund 90 Payments to natural guardians, tutors and curators, or for and on behalf of minors and persons under curatorship Cases (c) * Gazette mutatis mutandis 90A Payment to usufructuary or fiduciary or to his tutor or curator

43 Page 43 of 57 mutatis mutandis 91 Publication of list of unclaimed moneys Gazette 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 Gazette (a) (b) (c) CHAPTER VI MISCELLANEOUS PROVISIONS (ss ) 94 Consent of Master to sub-division of immovable property on behalf of minor or unborn heir

44 Page 44 of Review of Master's appointments, etc Cases 96 Proceedings by Master Cases (a) (a) (b) 97 Master's costs de bonis propriis de bonis propriis 98 Recovery of costs ordered to be paid de bonis propriis by executor, etc de bonis propriis

45 Page 45 of Master incapacitated from being executor, etc Cases 100 Exemption from liability for acts or omissions in Master's office mala fide 101 Evidence (a) (b) (b) (c) prima facie prima facie 102 Penalties Cases (a) (b) (c)

46 Page 46 of 57 (d) (e) (e) (a) (f) (f) (g) (g) (h) (h) (i) (b) (a) (b) (b) (c) (d) (e) (b) (f) (g) (b) (h) (b)

47 Page 47 of 57 (i) (b) 103 Regulations (a) (b) (c) (d) (e) [NB: (e ) ] (f) (g) 104 Application of Act (a)

48 Page 48 of 57 (b) one 105 Repeal of laws, and savings Cases (a) (b) (a) (b) (c) (a) (c) 106 Re-instatement for certain purposes of the provisions which were contained in subsection (2) of section 5 of Act 24 of 1913 prior to its substitution in terms of section 16 of Act 68 of 1957 one hundred and five sixteen five sixteen 107 Amends section 62 of the Mental Disorders Act 38 of

49 Page 49 of A Short title and commencement Gazette Number and year of Law Schedule LAWS REPEALED Short Title Extent of Repeal sixty-four sixty-five three four eight twenty wenty-one eighteen nineteen twelve eight twelve fifteen twenty-one eight ten five six twelve

50 Page 50 of 57 one PENDLEX: Administration of Estates Act 66 of 1965 after amendment by the Estate Affairs Amendment Act 1 of 1992 Section 103 (e A ) PENDLEX: Administration of Estates Act 66 of 1965 after amendment by the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 Section 4 (1) - words preceding para. (a) Section 4 (1A) - deleted Section 7 (1) (a) Section 9 (1) - words preceding para. (a) ADMINISTRATION OF ESTATES AMENDMENT ACT 54 OF 1970 (English text signed by the State President) as amended by ACT To amend the Administration of Estates Act, 1965, so as to apply that Act to the territory of South-West Africa; and to provide for incidental matters. 1 (a) (b) 2

51 Page 51 of Repeal of laws 12 Short title and commencement Gazette Schedule ADMINISTRATION OF ESTATES AMENDMENT ACT 79 OF 1971 (English text signed by the State President) ACT To amend the provisions of the Administration of Estates Act, 1965, relating to the appointment of Masters, Deputy Masters and Assistant Masters of the Supreme Court, the opening of banking and other accounts and the investment of moneys by executors, and the disposal of certain unclaimed moneys; and to provide for incidental matters.

52 Page 52 of (b) 5 Short title ADMINISTRATION OF ESTATES AMENDMENT ACT 15 OF 1978 (English text signed by the State President) ACT To amend the Administration of Estates Act, 1965, to increase certain amounts; and to rectify a faulty reference. 1 (a) (b) 2 3 (b) 4 5 (a) (a) (b) (b) 6 7 (h) 8 Short title ADMINISTRATION OF ESTATES AMENDMENT ACT 90 OF 1981 (English text signed by the State President) ACT To amend the Administration of Estates Act, 1965, so as to increase a certain amount.

53 Page 53 of Short title ADMINISTRATION OF ESTATES AMENDMENT ACT 86 OF 1983 (English text signed by the State President) ACT To amend the Administration of Estates Act, 1965, so as to further regulate the duties, functions and powers of the Master, executors and appraisers; to further regulate the liquidation of insolvent deceased estates; to make further provision for the sale of property in an estate; and to replace certain obsolete provisions; and to provide for matters connected therewith (a) (a) (b) (f) (c) (d) (e) (f) (a) 5 (a) 6 (a) (b) (c) 7 (a) (b) 8 9 (b) 10

54 Page 54 of 57 Gazette 11 (a) (b) (a) (a) (b) (b) 17 (a) (a) (b) (b) (c) (d) (a) (b) (c) (a) 23 (g) 24 Short title ADMINISTRATION OF ESTATES AMENDMENT ACT 12 OF 1984 (Afrikaans text signed by the State President) ACT To amend the Administration of Estates Act, 1965, so as to make further provision for the liquidation of estates of persons who upon their death are not resident in the Republic; to provide for the submission to the Master of supplementary liquidation and distribution accounts in respect of assets found

55 Page 55 of 57 in estates after the final accounts were submitted; to exempt the executor in certain circumstances from the duty to publish certain notices in respect of certain accounts; to provide that vouchers in support of certain liquidation and distribution accounts need only be submitted if the Master so requires; to exempt natural guardians of minor heirs in certain circumstances from the obligation to provide security in respect of money or other movable property paid or delivered to them on behalf of such heirs; and to make further provision in connection with the payment of moneys in the guardian's fund to natural guardians of minors; and to provide for matters connected therewith (a) (b) (b) 4 (a) (b) (b) (c) (d) (e) (b) (a) (f) Short title ADMINISTRATION OF ESTATES AMENDMENT ACT 35 OF 1986 (Afrikaans text signed by the State President) ACT To amend the Administration of Estates Act, 1965, so as to make further provision regarding the handing over to the natural guardian of a minor of movable property to which the minor is entitled according to a liquidation and distribution account; to further regulate the payment by the Master of money in the guardian's fund to the natural guardian of a minor who is entitled to that money; and to provide for the payment by the Master of money in the guardian's fund to a usufructuary or fiduciary who has a right to such money or to his tutor or curator; and to provide for matters connected therewith. 1

56 Page 56 of Short title ADMINISTRATION OF ESTATES AMENDMENT ACT 63 OF 1990 (Afrikaans text signed by the State President) ACT To amend the Administration of Estates Act, 1965, so as to further regulate the provision for the subsistence of certain persons, the manner of liquidation and distribution of certain estates, the appointment of curators by the Master and the required statements of certain unclaimed money; and to provide for matters connected therewith (c) 5 6 Short title Gazette ADMINISTRATION OF ESTATES AMENDMENT ACT 47 OF 2002 (English text signed by the President) ACT To amend the Administration of Estates Act, 1965, so as to further regulate the administration of deceased estates which are not governed by the principles of customary law; and to provide for matters connected therewith. 1

57 Page 57 of 57 2 (a) (a) (b) 3 (a) 4 Short title and commencement Gazette 2005 Juta and Company, Ltd.

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(RSA) (RSA GG (RSA GG 1128) brought into force in South Africa, with the exception of Chapter III, on 2 October 1967 by RSA Proc. R.242/1967 (RSA GG 1858); those portions of the Act in force in South Africa came into