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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

Schedules

Schedule 2: Tariff of Master's Fees

 

1.        

(1) On all estates of deceased persons or estates under curatorship or administration in terms of the Mental Health Care Act, 2002 (Act No. 17 of 2002), (except estates under the custody of an interim curator pending the appointment of an executor) the gross value of which according to the executor’s or curator’s account―
(a) is R250 000 or more but less than R400 000: R600;
(b) is R400 000 or more for each complete further R100 000 with which the gross value exceeds R400 000, a further R200;

subject to a maximum fee of: R7 000.

 

Where the deceased was one of two spouses married in community of property the said fees shall be assessed upon the gross assets of the joint estate.

[Paragraph 1(1) of Schedule 2 substituted by regulation 2(a) of Notice No. 1161 of 2017]

 

(2) The fees referred to in subparagraph (1) shall be assessed by the Master and shall be payable to any receiver of revenue. Proof of such payment shall be submitted by the executor or curator to the Master.

 

2.        

(1)
(a) For a copy of any document preserved in the office of a Master, R25,00 per document pack shall be paid.
(b) For a certified copy of any document preserved in the office of a Master, R50, 00 per document pack of certified copies shall be paid.
(c) For an electronic copy of any document preserved in the office of a Master, when it is made in such office, and if it is available, no fee is payable.

[Paragraph 2(1) of Schedule 2 substituted by regulation 2(b) of Notice No. 1161 of 2017]

 

(2) The payment of the fees referred to in sub-paragraph (1) shall be denoted --
(a) by affixing adhesive revenue stamps to; or
(b) by impressing stamps by means of a franking machine approved by the Commissioner for Inland Revenue on,

the written request for the rendering by the Master of the service in question.

 

(3) For purposes of subparagraph (1), "document pack" means any document, irrespective of the number of pages, which constitutes a complete document which can be read on its own.

[Paragraph 2(3) of Schedule 2 inserted by regulation 2(d) of Notice No. 1161 of 2017]

 

3. Upon all unclaimed moneys being paid into the hands of a Master in pursuance of section 93 of the Act or for account of absent or unknown creditors of any estate or for account of absent or unknown creditors or contributories of any company a commission upon the amount paid in of five per cent shall be payable in cash and be deducted from the unclaimed moneys so paid into the hands of the Master.