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

Regulations

Regulations in terms of Section 103 of the Administration of Estates Act, 1965

4. Affidavit in Terms of Section 25 of the Act

 

The affidavit required by section 25 of the Act shall be made by the person referred to in section 21 of the Act in whose favour letters of executorship have been granted and shall specify—

(a) that it is an affidavit in terms of section 25 of the Act;
(b) the full name of the deceased;
(c) the full name and address of the deponent;
(d) the place and country or territory wherein the deceased was ordinarily resident at the time of his death;
(e) the place, country or territory and date of death of the deceased, and whether the death has been registered by the authorities of the country or territory concerned;
(f) whether letters of executorship have been granted and, if so, in whose favour and where such letters have been granted;
(g) whether the deceased died intestate or left a will and, in the latter event, whether such will has been accepted as a valid will;
(h) that the deceased was not the owner of any property in the Republic other than movable property;
(i) particulars of such movable property;
(j) whether any usufructuary, fiduciary or fideicommissary or other like interest in property within the Republic in favour of the deceased has ceased upon his death and, if that be the case, particulars thereof;
(k) the full name and address of any beneficiary in the estate of the deceased, resident in the Republic;
(l) the full name and address of any person in the Republic having any claim against the estate of the deceased and details of such claim, or that, to the knowledge of the deponent, no person in the Republic has any claim against the estate of the deceased;
(m) that to the knowledge of the deponent no person in the Republic can be prejudiced by the transmission of property in the estate of the deceased to the person in whose favour letters of executorship have been granted or to his duly authorised agent; and
(n) the full name and address of any duly authorised agent in the Republic acting on behalf of the person in whose favour letters of executorship have been granted.