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

Chapter II: Deceased Estates

25. Estates of persons who upon their death are not resident in the Republic and do not own any property other than movable property in the Republic

 

1) Upon the death of any person who is neither ordinarily resident within the Republic nor the owner of any property therein other than movable property, the Master may, subject to the provisions of subsection (2)—
a) without observing the usual procedure or requiring security—
i) sign and seal letters of executorship produced to or lodged with him under section 21 ; or
ii) if no such letters are produced or lodged, appoint an executor to liquidate and distribute the estate, or direct the manner in which the estate shall be liquidated and distributed; and
b) by writing under his hand and subject to such conditions as he may determine, exempt the executor from compliance with the provisions of section 35 .

 

2) The Master shall not exercise his powers under subsection (1) unless—
a) an affidavit made by such person and containing such particulars as may be prescribed has been lodged with him in the place of the documents required in terms of the proviso to section 21;
b) the estate duty payable in respect of the said movable property has been paid or the payment thereof has been secured to the satisfaction of the proper authority; and
c) he is satisfied that no person in the Republic will be prejudiced.

 

 


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