Contingency Fees Act, 1997
R 385.00
Administration of Estates Act, 1965 (Act No. 66 of 1965)Chapter II: Deceased Estates43. Movable property to which minors and moneys to which absentees or persons under curatorship are entitled |
| 1) | The natural guardian of a minor shall, subject to the provisions of subsections (2) and (3) and to the terms of the will (if any) of the deceased, be entitled to receive from the executor for and on behalf of the minor, any movable property to which the minor is, according to any liquidation and distribution account in any deceased estate, entitled. |
| 2) | Subject to any express provision to the contrary in the will— |
| a) | no sum of money shall be paid to any such guardian in terms of subsection (1); and |
| b) | if the Master so directs, no other movable property shall be delivered to any such guardian under that subsection, |
unless payment of such sum of money or payment, in default of delivery, of the value of such movable property according to a valuation by an appraiser or any other person approved by the Master, as the case may be, to the minor, at the time when he is to become entitled to the payment of such sum of money or delivery of such property, has been secured to the satisfaction of the Master.
| 3) | Any such guardian shall, if called upon to do so by the Master by notice in writing, lodge with the Master, within a period specified in the notice or within such further period as the Master may allow, a statement in writing, signed by him in person and verified by an affidavit made by him, giving such particulars in respect of any such property or sum of money as may be indicated in the notice. |
| 4) | If the estate of any such guardian or of his surety is sequestrated, or if such guardian or surety commits an act of insolvency, or is about to go or has gone to reside outside the Republic, or if in the opinion of the Master the security given under sub-section (2) has become inadequate, the Master may, by notice in writing, require such guardian to provide within the period stated in the notice, such additional security as the Master may specify, and if the guardian fails to comply with the notice within the said period or within such further period as the Master may allow, the amount in question shall, unless the notice has been withdrawn by the Master, forthwith become payable into the hands of the Master. |
| 5) | The Master may— |
| a) | if any payment or delivery referred to in sub-section (2) has been made to any minor entitled thereto; or |
| b) | if any minor entitled to any such payment or delivery at any time after his majority, consents thereto in writing after he has attained majority, |
reduce the amount of the security to an amount which would, in his opinion, be sufficient to secure any other such payment or delivery still to be made by the guardian.
| 6) | Subject to the provisions of sub-section (1) and to the terms of the will (if any) of the deceased, an executor shall pay into the hands of the Master any money to which any minor, absentee, unknown heir or person under curatorship is entitled according to any liquidation or distribution account in the estate of the deceased: Provided that the Court may, upon consideration of a report by the Master and of the terms of the will (if any) of the deceased, make such order exempting the executor from compliance with the provisions of this sub-section as it may deem fit. |
