Administration of Estates Laws Interim Rationalisation Act

1. Section 1 of the Administration of E’jtates Act, 1965 (hereinafter referred to as the principal Act), is hereby amended- ( a ) by the deletion of the definitions of “banking institution” and “building society”: - - ID) by the insertion after the definitron of “amraiser” of the following definition: 10 .. ‘’ ‘bank’ means a public company registered as a bank Banks Act, 1990 (Act No. 94 of 1990):”; in terms of the ( 0 b\. the substitution for the definition of “Court” of the following definition: “ ‘Court’ means the [provincial division of the Supreme Court] Hj@ Court having jurisdictioll. or any judge thereof __ whenever a matter in relation to which this expression is used within the jurisdiction of a local division of the Supreme Court, that local division or any judge thereof]:”; [, and includes, 15 is ( d ) by the substitution for the definltion of “Master” of the following definition: “ ‘Master’, in relation tcl any matter, property Master. Deputy Master or Assistant Master of [the Supreme Court] 2 High Court appointed under section in respect of that matter, property or estate;”; and [two] 2, who has jurisdiction or estate, means the 20 ( c ) by the insertion after the definit on of “Minister” of the following definition: “ ‘office’ includes a sub-otfice referred to in section 3(2)(b):”. 25 i t Substitution of section 2 ofAct 66 of 1965, as amended by section 2 ofAct 79 of 1971 and section 35 ofi\ct 37 of 1997

2 . Thc i o l l o ~ i n ? scction is hereby sulxtituted for seclion 2 of the principal Act: “Appointment of hlasters.. Deputy Masters and Assistant Masters 2. ( I ) Subject to [the provisions 011 subsection ( 2 ) and the laws S in respect of the area of governing the public servicl-. the Minister shall, jurisdiction of each [provincial division Court. appoint a Master of ihe [Supreme Court] High Court, and may, in respec[ of each such area. appoint one [Supreme Court] Hizh Court and one [Supreme Court] High .- Court, who may, subject direction and supervision of [he Master, do anything which may lawfully be done by the Master. or more Deputy Masters of the or more Assistant Masters of the of the Supreme Court] the control, to 10 (]A) The Minister may appoint a person as Master. Deputy Master or Assistant 34aster i n respect c’f the area of jurisdiction o f more than one High court. (2) No person shall be appointed as Master, Deputy Master or Assistant Master of [the Supreme Court] a High Court unless he or she has passed the diploma iuris examination or an examination deemed by the Minister for the Public Service and Administration to be equivalent thereto, or has before the commencement of this Act held a substantive appointment as a Master or Assistant Master o f the Supreme Court: Provided that whenever a Master. Deputy Master or Assistant Master of [the Supreme Court] 2 High Court is because of absence or for any other reason unable to carry out the functions of his otfice or whenever such office becomes vacant, the Minister may authorize any officer in the public service to act in his - her place during his or her absence or incapacity or to act in the vacant office until the vacancy is filled, as the case may be. 15 20 15 [(3) Any person who at the comnlencement of this Act holds office as Master or Assistant Master of the Supreme Court shall be deemed to have been appointed under this section in respect jurisdiction of the provincial division cerned.] of the Supreme Court con- of’ the area of 30 (4) The 34inister may de1e;;ate any power conferred on him by this section. to the [Secretary for Justice] Director-General: Justice or a [deputy secretary] deputy d!rector-general in the Department of Justice.”. 35 Substitution of section 3.of A4ct 66 of 1965, as amended by section 20 of Act iS of 1969

3. The follou ing section is hereby subjtituted for section 3 of the principal Act: “Master’s office to be at se:at of High Court 40 3. ( 1 ) Each Master shall. s ~ ~ b j e c t to subsection ( 2 ) . have [his] E office at the seat of the [provincialdivision of the Supreme Court] High Court in respect of M.hose area of juriidiction he or she has been appointed. ( 2 ) [The Minister may direct that a Deputy Master or an Assistant Master shall have his office at any place specified by the Minister, there to perform, in respect of thc area so specified, such functions as he may lawfully perform under this Act or any other law.] If a person has been appointed as h4aster i n respe!:t of the area of jurisdiction of more than one High Court. the h4inister- ( N / shall specify the seat of [he High Court at which the Master concerned ~~ ~~ 4s 50 shall have an office: an(, (0) may designate one or more places. within the area of jurisdiction in respect of which that M ~ e r has been appointed. where sub-offices of that hilaster m a y be esteblished. ( 3 ) The Minister may direct that a person who has been appointed as 55 Deputy hlns~er or Assistant :Master shall be the head of a sub-office referred to i n subsection ( 2 ) and he or she shall exercise the powers. perform the functions and carrv out the duties conferred upon. assigned upon him or her b!, 01- under this Act or any other law, subject to the control. 5 direction and supenision of the Master of the High Court concerned.”. to or imposed Amendment of section 4 ofAct 66 of 1965, as amended by section 1 ofAct 86 of 1983 and section 26 of Act 57 of 1988

4. Section 4 of the principal Act is hereby amended- ( 0 ) by the substitution in subsection (1) for paragraph (a) of the following paragraph: “(a) in the case of a deceased person who was, at the date of his of jurisdiction of a death, ordinarily resident [provincial division of the Supreme Court] High Court, with the Master appointed in respect ‘of that area; and”; and in subsection (2) for paragraph (a) of the following within the area ( h ) by the substitution paragraph: “ ( a ) in the case of any sulzh person who is ordinarily resident within the of a [provincial division of the Supreme area of jurisdiction Court] High Court, with the Master appointed in respect of that area: and”. 10 15 20 Amendment of section 12 of Act 66 of 1965, as amended by section 3 of Act 54 of 1970, section 1 of Act 63 of 1990 and section 1 of Act 49 of 1996

5. Section 12 of the principal Act is hlxeby amended- (a) by the substitution for subsectlon (5) of the following subsection: “ ( 5 ) The reference in section [47(1)] 118( 1) of the Liquor Act. [1928 (Act No. 30 of 1928)J 1989 (Act No. 27 of 1989), to a curator, shall include a reference to an interim curator appointed under subsection (1). who has under subsection (3) been authorized to carry on the business of the licensee or person referred to in the said sections.”; and ( h ) by the substitution for subsection (7) of the following subsection: 25 30 “ ( 7 ) [The provisions of sub-sections (3), (4) and (5) of section twentythree, sections twenty-six, twenty-eight, thirty-six, forty-six,] (5). 26. 28, 36. 46 and [sub-paragraph (ii) of Sections 23(3), (4) and paragraph (b) of sub-section (1) of sectionfifty-four] 54(l)(b)(ii) shall [mutatis muta~zdis] with ]:he necessary changes apply with reference to interim curators.”. 35 Amendment of section 14 of Act 66 of 1965

6. Section 13 o f the principal Act is hereby amended by the substitution in subsection ( I ) for the words preceding paragraph (G) of the following words: “The Master shal1,subject to [the provisions of sub-section] subsection ( 2 ) and sections [sixteen, sewrlteelz and fwc?nty-two] 16 and 22, on the written application of an) person u,llo--“. 40 Amendment of section 15 of Act 66 of 1965

7 . Section 15 of the principal Act is hereby amended by the substitution in subsection ( 1 ) for the words preceding paragraph ((7) of the following words: “The Master shall. subject to [the provisions of sub-section] subsection ( 2 ) and sections [sixteen, seventeen and twenty-tw~o] 16 and 22--“. Amendment of section 21 of Act 66 of 1965

8. Section 21 of the principal Act is hereby amended by the substitution for the words preceding the proviso of the folloa.ing uords: 45 50 as “Whenever letters of executorshirl granted provided i n the rules made under section Vorty-three of the Supreme Court Act, 1959 (Act No. 59 of 1959)] 6( I ,(i) of the Rules Board for Courts of Law Act. 1985 in any State and authenticated ________ . - I 5 10 IS becsn granted or his (Act No. 107 of I %SI. are produced to or lodged M ith the Master by the person in u,hose favour those letters have those letters may. subject to [the provisions of] sections [twenty-two and twentythree] 22 and 23. be signed by the Master and sealed with his &r seal of office. and such person of the deceased situate in the Republic. for the purposes of this Act be deemed to be an executor lo whom letters of executorship ha\,e been granted by the Master:". shall thereupon with respect duly authorized agent. to the whole estate Amendment of section 28 of Act 66 of 1965, as substituted by section 3 of Act 79 of 1971 and amended by section 7 of Act 86 of 1983

9. Section 28 of the principal Act is hereby mended- ( a ) by the substitution for subsection ( I ) of the following subsection: " ( 1) An executor- shall. unless the Master otherwise directs, as soon as he or she has in hand moneys in the estate in excess of [RlOO] R1 000, open a a [banking cheque account of the estate with institution] __ bank i n the Republic and shall deposit therein the moneys which he =;;he has in hand and such other moneys as he in the name saving account in the name of the estate with - she may from time to time receive for the estate: may open a [banking institutiorl or a building society] bank and may transfer 20 thereto so much of the moneys deposited in the account referred to in paragraph ( a ) as i\, not immediately required for the payment of an); claim against thc estate; may place so much of the moneys deposited in the account referred to in paragraph (a) as is not immediately required for the payment of 25 any claim against the estate [banking institution or a building society] &."; on interest-bearing deposit with a a ( 6 ) by the substitution for subsection (2) of the following subsection: " ( 2 ) Every executor shall whenever required by the Master to do so. notify the Master in writmg of the [banking institution or building 30 society] bank and the office or branch thereof with which he -e has opened an account referrrd to in subsection (1 j. and furnish the Master with a bank statement or other sufficient evidence of the position of the account.": I C ) by the substitution for subsection (3) of the following subsection: 35 "(3) No executor who in compliance with a request of the Master under subsection (2). has notified the Master of the office or branch of the with which he orshe has [banking institution or bnilding society] !x& opened an account referred to in subsection ( 1 ) shall transfer any such account from any such office or branch t o any other such office or branch. 40 except after nrritten notice. to the Master."; and id) by the substitution for subsection (5) of the following subsection: " ( 5 ) The Master and any surety of the executor shall have the same right to information in regxd to any such account as the executor himself or herself possesses. and may examine all vouchers in relation thereto. 45 whether in the hands of t:\e [banking institution or building society] bank or of the executor.". Amendment of section 31 of .4ct 66 of 1965, as substituted by section 10 of Act 86 of 1983 and amended by section 3 of Act 12 of 1984

10. Section 34 of the principal Act is hereby amended by the substitution i n subsection SO ( I j for paragraph ( 0 ) of the following paragraph: " ( a ) no creditor v\lhose claim amoun[s to less than [RlOO] R1 000 shall be reckoned in number;". Substitution of section 48 of Act 66 of k965

11. The following section is hereby substituted for section 48 of the principal Act: SS “Extension of time and compounding of debts reasonable part of the debt

48. An executor may accept from a debtor of the deceased estate who is unablc to pay his debt in in full. an!’ discharge of the whole deb1 or granl. any debtor of the deceased estate an extension of time for the p,ayment (of his or her debt in so far as this is compatible with [the provisions of] section [thirty-five] 3 5 : Provided that if the debt exceeds [two hundred rand] R2 000. an executor shall, subject 10 the terms of the will (if any) of the deceased, not accept a part of the debt in discharge of the whole debt, unless he o r she has been authorized to do so by the h4aster.’’. 5 10 Amendment of section 54 of Act 66 of 1965, as amended by section 16 of Act 86 of 1983 and section 13 of Act 43 of 1992

12. Section 54 of the principal Act is hereby amended by the substitution in subsection ( l ) ( b ) for subparagraph (iii) of the following subparagraph: “(iii) if he orshe is convicted. in the Republic or elsewhere. of theft, fraud. forgery. 15 uttering a forged instrument or perjury, and is sentenced [therefor] to [serve a term ofl imprisonment without the option of a fine, or to a fine exceeding [twenty rand] R2 000; or”. Substitution of section 87 of Act 66 of 1965, as substituted by section 19 of Act 86 of 1983 20

13. The following section is hereby substituted for section 87 of the principal Act: “Moneys in guardian’s fund to be deposits for purposes of Act 45 of 1984

87. The moneys in the guardian‘s fund shall be deemed to be deposits for the purposes of the [Public Debt Commissioners Act, 1969 (Act No. 2 of 25 1969)] Public Investment Commissioners Act, 1984 (Act No. 45 of 1984). to time pay out of any working balance and the Master may from time retained at his or her disposal under the said Act, any amounts due and payable out of the said fund ”. Substitution of section 91 of Act 66 of 1965, as substituted by section 21 of Act 86 of 30 1983 and amended by section 25 of Act 108 of 1991

14. The following section is hereby substituted for section 91 of the principal Act: “Publication of list of unclaimed moneys

91. The Master shall in thc month #of September of each year cause to be published in the Gaxrfe a list of all amounts of [R100] R l 000 or more in 35 the guardian‘s fund. other than the amounts deposited therein in terms of section 93(3). nhich have been claimable and have remained unclaimed by the persons entitled thereto year but not exceeding three years.”. for a period exceeding one Amendment of section 93 of Act 66 of 1965, as amended by section 4 of Act 79 of 40 1971, section 22 of Act 86 of 1983, section 5 of Act 63 of 1990 and section 26 of .4ct 108 of 1991

15. Section 93 of the principal Act is hereby amended by the substitution for subsection ( I ) of the follouing subsection: “ ( 1 ) Elvery person carrying on business in the Republic shall i n the month of 45 January in each year prepare in the prescribed form and publish i n the Gazerre a or more which were detailed statement held by him or her or by any agenl. on his or her behalf in the Republic on the thirty-first day of December of the immediately preceding year and which were not in respect of all amounts of [Itlo] his e propen) or subject to any valid lien. but at the time of the preparation o f the said statement have remained unclaimed for a period of five years or more by the rightful owners.". Amendment of section 96 of Act 66 of 1965 as amended by section 26 of Act 57 of 1988 5

16. Section 96 of the principal Act is hereby amended by the substitution in subsection ( 1 ) for paragraph ( a ) of the following paragraph: " ( a ) institute any civil proceedings in pursuance of [the provisions ofJ this Act, against any executor, tutor, curator or interim curator, in the [division of the Supreme Court] Hieh Court within whose area of jurisdiction the appoint- ment of such executor, tutor; clurator or interim curator was made, whether or not such executor, tutor. curator or interim curator is resident within that area or otherwise subject to the jurisdiction of that [division] High Court; and". 10 Amendment of section 102 of Act 66 of 1965, as amended by section 7 of Act 15 of 1978, section 23 of Act 86 of 1983 and section 26 of Act 57 of 1988 15

17. Section 102 of the principal Act is hereby amended- ( a ) by the substitution in subsec5on (1) for paragraph (e) of the following paragraph: " ( e ) when being interrogated under oath under section makes. relative to the subject in connection with which he orshe is interrogated. any starement whatever which he or she knows to be false or which he or she does not know or believe to be true; or'.; and [thirty-huo] g, 20 (D) by the substitution in subsection ( 1 ) for paragraphs (i), (ii), (iii), (iv) and (v) of the following paragraphs. respectively: 25 "(i) (ii) (iii) (iv) (1,) [or to both such fine and such in The case of an offence referred to in paragraph (a), to a fine [not exceeding two thousand rand] or to imprisonment for a period not exceeding seven years [or to both such fine and such imprison- ment]; in the case of an offence referred to in paragraph (bj. ( c ) , (d) or ( e ) . to a fine [not exceeding one thousand rand] or to imprisonment for a period not exceeding five years imprisonment]; in the case of an offence referred to in paragraph cf) or (g). to a fine [not exceeding two hundred rand] or to imprisonment for a period not exceeding imprisonment]; in the case of an offence referred to in paragraph (h). to a fine [not exceeding one hundred rand] or to imprisonment for a period not exceeding six months [or to both such fine and such imprison- ment]; and in the case of an offence referred to in paragraph (i). to a fine [not exceeding fifty not exceeding three months [or to both such fine and such irnprison- ment].". rand] or to imprisonment for a period twel\pe months [or to both such fine and such 30 35 40 45 Amendment of section 103 of Act 66 of 1965, as amended by section 46 of Act 97 of 1986

18. Section 103 of the principal Acr is hereby amended by the substitution for subsections ( 2 ) and (3) of the following wbsections. respectively: "(2) Any regulations made under subsection (1 ) may [prescribe penalties for any contravention thereof or failure to comply therewith not exceeding a fine of fifty rand] provide that any perscln who contravenes such regulations or fails to comply therewith shall be guilty of :!n offence and on conviction be liable to a fine or imprisonment for a period [ofl not exceeding three months. (3) Any regulations made under section [one hundred and eiglzleen] 118 of the Administration of Estates Act. 191 3 (Act No. 24 of 191 3), shall be deemed to have been made under subsection (l).". 50 55 Amendment of section 105 of Act 66 of 1965, as amended by section 9 of Act 54 of 1970 and section 1 of Act 49 of 1996

19. Section 10.5 of the principal Ac,t is hereby amended by the substitution in subsection (3) for parafraph (cj of the following paragraph: " ( c ) who died or dies after the commenccment referred to in paragraph (a) [or (b)] but before the relevant date referred to i,n section 4413) leaving a will in terms of which any minor child of the deceased and such spouse is or u d l when born be entitled to any movable property suhject to usufructuary or fiduciary rights or any other like interest in fa\,our of such spouse,". 5 Extension of application of Act 66 of 1965 10

20. The principal Act shall. from the date of commencement of this Act, apply throughout the Republic. . Amendment or repeal of laws, and sa\ings 21. (1) Subject to subsection (2), the laws mentioned in the second column of the Schedule are hereby amended or repealed to the extent indicated in the third column of that Schedule. 15 (2) Notwithstanding the repeal of the laws referred to in subsection (1)- (i) the liquidation and distribution before the Commencement liquidation and distribution of such an estate; of the estate of any person who died of this Act, or any matter relating to the 20 (ii) the administration under curatorship, or any matter relating 10 the administration of such property: to the of any derelict estate, or any matter relating of any minor or person of the property (iii) the administration administration of such derelict estate; or (iv) any other matter, regulated by or under any law repealed by subsection (I), which at the date of commencement of this Act has been dmlt with by, under or in terms of any such law, but which has not been concluded, shall in all respects be continued and concluded under such law as if this Act had not been passed; any proclamation, notice, regulation, order, determination, decision, direction or authorisation issued, made, taken, given or granted or any other thing done, under a provision of any law repealed by subsection (l), shall continue to be of force and effect, except in so far as it is inconsistent with the principal Act or any regulation made thereunder, until it is withdrawn, cancelled or repealed by the competent authority, where such withdrawal, cancellation or repeal by any authority was possible before the date of commencement of this Act: any person who, immediately prior to the commencement of this Act and in terms of any law repealed by subsection (1)- 2.5 30 in terns of I.he corresponding provisions of the holds office as Master: Deputy Master or Assistant Master of a High Court. shall be deemed to have been appointed as Master. Deputy Master or Assistant Master principal Act at the place where he or she holds such office: holds office as appraiser, shall be deemed to hold such office in terms of the corresponding provisions of the principal Act. and it shall not be necessary for him or her, if he or she has already taken an oath, to take any further oath under sec7;ion 6(2) of the principal Act; holds office as executor. tutor. curator or interim curator, shall be deemed to hold such office in terms of the corresponding provisions of the principal Act and removed or discharged from that office under such law; or holds any other office, shall be deemed to hold such office in terms of the corresponding provisions of the principal Act and shall continue to hold shall continue t o hold such office until he or she is 45 so 35 40 1 6 % < 5 . "-45' 4 c l s o . 20. 2001 GOVERNh.IENT G.4ZETTE. 2 0 JL:LY 2 0 0 I ._____ .4DMINIPTR.4TION OF ESTATES L.4\4'S INTEKIbl R.4Tl('~N.4LlS.ATION :4CT. 2001 such office until the appointment to that office is withdrawn or cancelled by the Minister. the Master having jurisdiction or the person \vho made such appointment or until the matter in respect of which the appointment was made. has been con[.luded: and idj an)' office of a Master u.hich. ;mmediately prior to the commencement of this law Act. was established under. repealed by subsection ( 1 ). shall be deemed to have been established under the corresponding provisions of the principal Act and shall continue to function in accordance with the principal .4ct: Provided that the Minister may direct that of the any such office shall be conv::rted office of a Master of a High Court designated by the Minister. and functioning in accordance with. any into. and function as, a sub-office 5 10 (3) The Minister may direct that any person who. at the commencement of this Act. holds office or is deemed to hold office a\; Master. Deputy Master or Assistant Master of a High Court in terms of the principal Act shall, for such period as the Minister may determine, exercise the powers. perform -:he functions and carry out the duties conferred upon, assigned to or imposed upon him or her by or under the principal Act or any other law. subject to the control. direction and supervision of another Master of a High Court designated by the Minister. 1s (4) Notwithstanding Chapter V of thr principal Act, the Minister may direct that a Master of a High Court shall. for such peI-iod as the Minister may determine, exercise the 20 powers. perform the functions and cany \)ut the duties in respect of his or her guardian's fund conferred upon, assigned to or imposed upon him or her by or under the principal Act or any other law, subject to the control, direction and supervision of another Master of a High Court designated by the Minister. ( 5 ) The Minister must publish. by notice in the Gazette, any steps taken by him or her 35 in terms of subsection ( 2 ) ( d ) : (3) or (4). (6) In this section a word or expression to which a meaning has been assigned in the principal Act, bears that meaning unless the context otherwise indicates. Interpretation of certain references in existing laws and in other documents

22. A reference in any law in force immediately prior to the commencement of this Act or in any document to a Master. Deputy Master or .4ssistant Master of the Supreme Court shall, unless inconsistent with the context or otherwise clearly inappropriate, be construed as a reference to a Master. Depr Ity Master or Assistant Master of a High Court. 30 Short title and commencement

23. This Act is called the Administration of Estates Laws Interim Rationalisation Act. 35 200 1 Act No. 20. 2001 ADMINISTRATION OF ESTATES LAb'S IXTERIhl R.4T101'~ALIS.ATION .ACT. 1001 SCHEDULE (Section 2 1 :I o. and year of Act CI So. '23 of 1936 T ;hort title .___-- nrolvency A x . 1936 xtent of amendment or repeal r ) Amendment of section 5 2 by le subst~tution for subsection 13) f the following wbsectlon: "(3) The vote of a creditor shall in no case be reckoned i n cialm unless his number, is of the value of at least [R100] E.". 7) Amendment of section 55 by le substitution for paragraph ( i j f the following paragraph: " ( i j Any person who has at any time been convicted (whether in the Republic or elsewhere) of theft. fraud. forgery or uttering a forged document, or per- Jury and has been sen- tenced [therefor] to [serve a term of] Impris- onment without the option of a fine. or to a fine ex- ceeding [ten pounds] R2 000;". - c ) Amendment of section 78 b> le substitution for subsection ( I ) f the following subsection: " ( I ) The trustee may accept from a debtor of the insolvent estate who is unable to pay his - or her debt i n full. any reason- able part of the debt in dis- charge of the whole debt or grant any debtor of the estate an extension of time for the payment of his e debt in so far as this I S compatible with [the provisions of] section [nincfy-orzc] 9 1 : Pro\ lded that if the debt exceeds [RI 0001 - R2 000. the trustee shall not accept a part of the debt i n dis- charge of the whole debt. u n - less he orshe has been authorised thereto by the credl- tors of the estate. or I T n o credl. tor has proved a claim against the estate. by the Macter.". ______- The whole Act No. 66 of 1965 Administratlon of Eslates Act. 1965 (Boohuthatcwjana) Act KO. 66 of 1965 (Venda) Administration I965 Adm1nstration of Estates Act, Act No. 66 of 1965 (Cishei) of Eslates Act, ~- The whole The whole 1 1 I i 4cr h o . 57 of 1972 <hart title h t e n t of amendment or repeal Xmendment of section 3 h j the ,uhstitution for paragraph ( f ) of he followng paragraph- "if) full partlculars of any movable or immovable property of which he g she is the owner and - whlch in terms of [the provisions of] any will or any other instrument is suhjecf to a fidelcommiswm. usufruct or similar right, or which at the tlme of the applica- tion is subject to the con- trol of the Master, a tutor or curator [or adrninistra- - tor] as defined in sectlon I of the Administration of Estates Act. 1965 (Act No. 66 of 1965).".