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

Chapter VI: Miscellaneous Provisions

96. Proceedings by Master

 

1) Notwithstanding anything in any other law contained, the Master may—
a) institute any civil proceedings in pursuance of this Act, against any executor, tutor, curator or interim curator, in the High Court within whose area of jurisdiction the appointment of such executor, tutor, curator or interim curator was made, whether or not such executor, tutor, curator or interim curator is resident within that area or otherwise subject to the jurisdiction of that High Court; and
b) in any such proceedings, proceed by way of application or motion and report to the Court in writing the facts upon which he relies instead of stating them in an affidavit.

 

2) Whenever in the course of his duties the Master finds it necessary to lay any facts before the Court otherwise than upon formal application or motion, he may do so by a report in writing: Provided that the Court may refer any such report back to the Master and direct him to proceed by way of formal application or motion.

 

3) Whenever any difference of opinion upon a question of law arises between the Master and an executor in the distribution of an estate and a minor is interested in the decision of that question, the Master and the executor may state a case in writing for determination by a judge in chambers, and the determination of the judge shall be binding upon the Master and the executor, without prejudice to the rights of other persons interested in the distribution: Provided that the judge may refer the matter to the Court for argument.