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

Chapter II: Deceased Estates

22. The Master may refuse to grant, endorse or sign and seal letters of executorship in certain cases

 

1) If it appears to the Master or if any person having an interest in the estate lodges with the Master in writing an objection that the nomination of any person as executor testamentary or assumed executor is or should be declared invalid, letters of executorship or an endorsement, as the case may be, may be refused by the Master until—
a) the validity of such nomination has been determined by the Court; or
b) the objection has been withdrawn; or
c) the person objecting has had a period of fourteen days after such refusal or such further period as the Court may allow, to apply to the Court for an order restraining the grant of letters of executorship, or the making of the endorsement, as the case may be.

 

2) The Master may—
a) if any person to whom letters of executorship are to be granted or in whose favour an endorsement is to be made under section fifteen, or at whose instance letters of executorship are to be signed and sealed under section twenty-one, resides or is outside the Republic and has not chosen domicilium citandi et executandi in the Republic; or
b) if any such person could, if he is appointed as executor, be removed from his office under sub-paragraph (ii), (iii) or (iv) of paragraph (a) of sub-section (1) of section fifty-four or sub-paragraph (iii) of paragraph (b) of that subsection; or
c) if any such person fails to satisfy the Master by a declaration under oath that letters of executorship have not already been granted or signed and sealed by any other Master in the Republic,

refuse to grant letters of executorship or to make the endorsement or to sign and seal the letters of executorship, as the case may be.