Implementation of Geneva Conventions Act, 2012
R 385
Administration of Estates Act, 1965 (Act No. 66 of 1965)Chapter II: Deceased Estates44. Movable property to which minor or unborn heir is entitled subject to usufructuary or fiduciary rights or other like interests |
| 1) | If according to any distribution account a minor is, or an unborn heir will when born be, entitled to any movable property out of a deceased estate, subject to usufructuary or fiduciary rights or any other like interest in favour of any other person including the natural guardian, tutor or curator of the minor or unborn heir, then, subject to the provisions of sub-section (3) and any express provision to the contrary in the will— |
| a) | the executor shall, in the case of a sum of money, pay such sum of money into the hands of the Master, and, in the case of any other movable property, deal with such property in such manner as the Master may direct; and |
| b) | such sum of money and, unless the Master otherwise directs, such other movable property shall not, during the minority of the minor or before the birth and during the minority of the heir, as the case may be, be paid or delivered to such person unless such person has given security mutatis mutandis as provided in sub-section (2) of section forty-three , for the payment of such sum or the delivery of such property to the minor or heir at the time when the minor or heir is to become entitled to such payment or delivery. |
| 2) | Sub-sections (3), (4) and (5) of section forty-three shall mutatis mutandis apply in respect of any security given under sub-section (1). |
| 3) | The provisions of subsection (1) shall not apply in relation to any disposition in a will executed in the Republic, prior to a date twelve months after the date of commencement of this Act. |
