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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

7. Accounts by Tutors and Curators

 

The account referred to in section 83(1) and (2) of the Act shall—

 

(1) contain a heading which shall—
(a) describe it as a tutor's or curator's account, as the case may be;
(b) reflect the ordinal number of such account and, when it is a final account, state such fact;
(c) specify the full name of the minor or other person concerned and, in the case of a minor, also the date of birth;
(d) specify the period in respect of which the account is rendered and state whether it is an account in terms of section 83 (1) or (2) of the Act; and
(e) reflect the Master's reference number,

 

(2) contain a money column;

 

(3) specify under a subheading "Income and Expenditure Account"—
(a) any credit balance of income or a deficiency brought forward from a previous account lodged with the Master in respect of the administration of the property concerned;
(b) all income actually collected reflecting the source from which it is derived;
(c) any money transferred from the "Capital Account" referred to in subregulation (4) to meet debts and charges;
(d) all debts and maintenance charges paid by the tutor or curator during the period in respect of which the account is rendered, specifying the nature thereof and the name of the payee;
(e) all administration expenses, separately reflected, the name of the payee and the nature of the charge;
(f) the debit or credit balance, as the case may be, which shall, in the case of a debit balance, contain a statement whether this has been paid out of the "Capital Account" referred to in subregulation (4) or is being carried forward to the next account;
(g) whether any credit balance has to be carried forward to the "Capital Account", so referred to, or will be required for immediate use; and
(h) in parentheses next to each item a consecutive number,

 

(4) specify under a subheading "Capital Account"—
(a) an accurate description of all property under the control of the tutor or curator at the end of the period in respect of which the account is rendered;
(b) the rate of interest on all investments bearing a predetermined rate of interest;
(c) any credit balance shown under the subheading "Income and Expenditure Account" and brought forward as provided in subregulation (3) (g);
(d) a description of any property leased, with a reference to the lease, the full name of the lessee, the period of the lease and the annual rental thereof
(e) the amount of any capital asset or part thereof realised, with a description of such asset, and the amount of any money transferred to the "Income and Expenditure Account" as provided in subregulation (3) (c), with reasons for such transfer,
(f) all capital debts owing by the person for the administration of whose property the tutor or curator has been appointed; and
(g) in a footnote under this subheading any income due but not collected, the reason why such income has not been collected and the steps taken by the tutor or curator to collect such income;

 

(5) under a subheading "Cash Reconciliation Statement" reconcile the cash reflected under the subheadings "Income and Expenditure Account" and "Capital Account" with the banking account as at the end of the period in respect of which the account is rendered,

and every voucher, receipt or acquittance supporting such account shall bear a number corresponding to the number of the item in the account in support of which it is lodged;

 

(6) conclude with a certificate by the tutor or curator in which he declares that—
(a) the account is to the best of his knowledge and belief a true and proper account of his administration of the relative property of the minor or other person during the specified period in respect of which the account is rendered; and
(b) to the best of his knowledge and belief the account reflects all property of and all debts owing by the person for the administration of whose property he has been appointed and all income collected and debts, expenses and charges paid by him during the period covered by the account and that he is not aware of any disputed right to assets or liabilities.

 

7A. If the Master is satisfied that the non-compliance with any of the requirements mentioned in regulation 7 is not material, he can waive compliance therewith.