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

Chapter II: Deceased Estates

40. Endorsement of testamentary trusts against title deeds and bonds

 

1) If a trustee has been appointed to administer any property of a deceased person under his will (including in the case of a massed estate any property forming part of the share of the survivor or survivors of that estate which, according to a distribution account, is to be administered by such trustee), the executor shall—
a) deliver to the trustee such of the movable property as should, according to the distribution account, be delivered to him;
b) cause the terms of the will, or a reference thereto, in so far as they relate to the administration, to be endorsed against the title deeds of such of the property as is immovable, and against any mortgage or notarial bond forming part of the property, and deliver the title deeds and any such bond, subject to the provisions of section 41 (2) , to the trustee; and
c) lodge with the Master the trustee's acquittance for any such movable property; deeds or bond, and a certificate by the registration officer concerned or a conveyancer that such deeds or bond has been endorsed as aforesaid.