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

Preliminary

1. Definitions

 

In this Act, unless the context otherwise indicates

 

Absentee

means any person of whom the Master, after enquiry, believes that his whereabouts are unknown and that he has no legal representative in the Republic.

 

Act of insolvency

means an act of insolvency in terms of section eight of the Insolvency Act, 1936 (Act No. 24 of 1936).

 

Appraiser

means an appraiser appointed or deemed to have been appointed under section six.

 

Bank

means a public company registered as a bank in terms of the Banks Act, 1990 (Act No. 94 of 1990)

 

Court

means the High Court having jurisdiction, or any judge thereof.

 

Curator

means any person who is authorised to act under letters of curatorship granted or signed and sealed by a Master, or under an endorsement made under section seventy-two.

 

Executor

means any person who is authorised to act under letters of executorship granted or signed and sealed by a Master, or under an endorsement made under section fifteen.

 

Heir

includes a legatee and a donee under a donatio mortis causa.

 

Immovable property

means land and every real right in land or minerals (other than any right under a bond) which is registerable in any office in the Republic used for the registration of title to land or the right to mine.

 

Letters of curatorship

includes any document issued or a copy of any such document duly certified by any competent public authority in any State by which any person named or designated therein is authorised to act as curator of any property belonging to a minor or other person.

 

Letters of executorship

includes any document issued or a copy of any such document duly certified by any competent public authority in any State by which any person named or designated therein is authorised to act as the personal representative of any deceased person or as executor of the estate of any deceased person.

 

Letters of tutorship

includes any document issued or a copy of any such document duly certified by any competent public authority in any State by which any person named or designated therein is authorised to act as the tutor of a minor, or to administer any property belonging to a minor as tutor.

 

Magistrate

includes an additional magistrate and an assistant magistrate and, in relation to any particular act to be performed or power or right exercisable or duty to be carried out by the magistrate of a district, includes an additional magistrate or assistant magistrate permanently carrying out at any place other than the seat of magistracy of that district the functions of the magistrate of that district in respect of any portion of that district, whenever such act, power, right or duty has to be performed, exercised or carried out by virtue of any death occurring, thing being or deceased having resided or carried on business, as the case may be, in such portion of that district.

 

Master

in relation to any matter, property or estate, means the Master, Deputy Master or Assistant Master of High Court appointed under section 2, who has jurisdiction in respect of that matter, property or estate and who is subject to the control, direction and supervision of the Chief Master.

 

Minister

means the Minister of Justice.

 

Office

includes a sub-office referred to in section 3(2)(b).

 

Person under curatorship

includes any person whose property has been placed under the care or administration of a curator

 

Property

includes any contingent interest in property.

 

State

means any state in respect of which a proclamation has been issued under section twenty.

 
Trustee

means a trustee as defined in section 1 of the Trust Property Control Act, 1988.

 

Tutor

means any person who is authorised to act under letters of tutorship granted or signed and sealed by a Master, or under an endorsement made under section seventy-two.