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

Chapter II: Deceased Estates

12. Appointment of interim curator

 

1) The Master may appoint an interim curator to take any estate into his custody until letters of executorship have been granted or signed and sealed, or a person has been directed to liquidate and distribute the estate.

 

2) Every person to be so appointed shall, before a certificate of appointment is issued to him, find security to the satisfaction of the Master in an amount determined by the Master for the proper performance of his functions.

 

3) An interim curator may, if specially authorised thereto by the Master—
a) collect any debt and sell or dispose of any movable property in the estate, wherever situate within the Republic;
b) subject to any law which may be applicable, carry on any business or undertaking of the deceased; and
c) release such money and such property out of the estate as in his opinion are sufficient to provide for the subsistence of the deceased's family or household.

 

4) If any interim curator is authorised under sub-section (3) to carry on any business or undertaking he shall not, without the special authority of the Master, purchase any goods which he may require for that business or undertaking otherwise than for cash and out of the takings of that business or undertaking.

 

5) The reference in section 118(1) of the Liquor Act, 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 authorised to carry on the business of the licensee or person referred to in the said sections.

 

6) An interim curator shall account for the property in respect of which he has been appointed, in such manner as the Master may direct.

 

7) Sections 23(3), (4) and (5), 26, 28, 36, 46, and 54(1)(b)(ii) shall with the necessary changes apply with reference to interim curators.