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Administration of Estates Act, 1965 (Act No. 66 of 1965)

Chapter IV: Tutors and Curators

73. Proceedings on failure of nomination of tutors or curators, or on death, incapacity or refusal to act, etc.

 

1) The Master may, subject to the provisions of sub-sections (2), (3) and (4)—
a) if it comes to his knowledge—
i) that any minor is the owner of any property in the Republic which is not under the care of any guardian, tutor or curator; or
ii) that any absentee is the owner of any property in the Republic,

and he is satisfied that the said property should be cared for or administered on behalf of such minor or absentee; or

b) in any case in which it would, in terms of the proviso to section 56 (1) of the Mental Health Act, 1973 (Act No. 18 of 1973), be competent for a judge in chambers to appoint a curator, or in any case in which the Master would be competent to appoint a curator in terms of section 56A of the said Act; or
c) if any eventuality referred to in paragraph (b), (c), (d), (e) or (f) of section 18 (1) occurs with reference to any person who has been nominated or appointed as provided in paragraph (a), (b), (c) or (d) of section 72 (1) , or to whom letters of tutorship or curatorship have been granted under the latter section or under this subsection,

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 relatives of the minor, absentee or other person concerned, and upon all persons having an interest in the care or administration of his property 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 tutor or tutors or as curator or curators, a person or a specified number of persons.

 

2) Subsections (2), (5) and (6) of section 18 shall mutatis mutandis apply with reference to tutors and curators: Provided that for the purposes of the application under this subsection of the said subsection (2), the reference to section 18 (3) and to section 19 shall be deemed to be omitted.

 

3) The Master may, without any notice under sub-section (1), if he is satisfied that any absentee or other person would be prejudiced by the non-performance by the absentee of any particular act in respect of any property of the absentee in the Republic, appoint and grant letters of curatorship to such person as he deems fit and proper, to perform such act on behalf of the absentee.

 

4) The Master may, if the value of the property of any minor or absentee or other person referred to in subsection (1) does not exceed R5 000, without any notice under that subsection. appoint and grant letters of tutorship or curatorship to such person or persons as he deems fit and proper as tutor or tutors or curator or curators, as the case may be.