| 1) |
The Master shall, subject to the provisions of subsections (3), (5) and (6)— |
| a) |
if any person has died without having by will nominated any person to be his executor; or |
| b) |
if the whereabouts of any person so nominated to be sole executor or of all the persons so nominated to be executors are unknown, or if such person or all such persons are dead or refuse or are incapacitated to act as executors or when called upon by the Master by notice in writing to take out letters of executorship within a period specified in the notice, fail to take out such letters within that period or within such further period as the Master may allow; or |
| c) |
If, in the case of two or more persons being so nominated to be executors, the whereabouts of one or some of them are unknown, or one or some of them are dead or refuse or are incapacitated to act as executors or when so called upon by the Master fail so to take out letters of executorship, and in the interests of the estate, one or more executors should be joined with the remaining executor or executors; or |
| d) |
if the executors in any estate are at any time less than the number required by the will of the testator to form a quorum; or |
| e) |
if any person who is the sole executor or all the persons who are executors of any estate, cease for any reason to be executors thereof; or |
| f) |
if, in the case of two or more persons who are the executors of any estate, one or some of them cease to be executors thereof, and in the interests of the estate, one or more executors should be joined with the remaining executor or executors, |
appoint and grant letters of executorship to such person or persons whom he may deem fit and proper to be executor or executors of the estate of the deceased, or, if he deems it necessary or expedient, by notice published in the Gazette and in such other manner as in his opinion is best calculated to bring it to the attention of the persons concerned, call upon the surviving spouse (if any), the heirs of the deceased and all persons having claims against the estate, to attend before him or, if more expedient, before any other Master or any magistrate at a time and place specified in the notice, for the purpose of recommending to the Master for appointment as executor or executors, a person or a specified number of persons.
| 2) |
If the Master has published a notice under sub-section (1) he shall, on receipt of the recommendation in question or when it appears that the persons concerned have failed to make any recommendation, subject to the provisions of subsection (3) and sections 19 ,22 and 23 , unless it appears to him to be necessary or expedient to postpone the appointment and to publish another notice under subsection (1), appoint and grant letters of executorship to such person or persons as he deems fit and proper to be executor or executors of the estate of the deceased. |
| 3) |
If the value of any estate does not exceed the amount* determined by the Minister by notice in the Gazette, the Master may dispense with the appointment of an executor and give directions as to the manner in which any such estate shall be liquidated and distributed. |
| 4) |
[Section 18 (4) Deleted by Act 86 of 1983]. |
| 5) |
The Master may at any time— |
| a) |
if, in the case of two or more persons— |
| i) |
who have been nominated by will to be executors, the whereabouts of one or some of them are unknown, or one or some of them are dead or refuse or are incapacitated to act as executors, or when called upon by the Master by notice in writing to take out letters of executorship within a period specified in the notice, fail to take out such letters within that period or within such further period as the Master may allow; or |
| ii) |
who are the executors in any estate, one or some of them cease to be executors thereof, |
grant letters of executorship to the remaining executor or executors, or authorise the remaining executor or executors to liquidate and distribute the estate, as the case may be; or
| b) |
if after the discharge of any executor it appears that there is property in the estate which has not been distributed by such executor, appoint and grant letters of executorship to such person as he deems fit and proper to liquidate and distribute such property. |
| 6) |
Nothing in this section contained shall authorise the Master to grant letters of executorship to any person who is legally incapacitated to act as executor of the estate of the deceased. |
| 7) |
The provisions of section sixteen shall mutatis mutandis apply with reference to the grant of letters of executorship under this section. |
* Fixed at R50 000 in GN R2333 (GG 15308) of 1 December 1993.
South African Institute for Drug Free Sport Act, 1997
