Contingency Fees Act, 1997
R 385.00
Insolvency Act, 1936 (Act No. 24 of 1936)96. Funeral and death-bed expenses |
| (1) | Any free residue of an insolvent estate shall be applied in the first place in defraying the expenses of the funeral of the insolvent, if he died before the trustee's first plan of distribution was submitted to the Master in terms of section 91, and the expenses of the funeral of the insolvent's wife or minor child, if those expenses were incurred within the period of three months immediately preceding the sequestration of the insolvent's estate, but the amount payable under this subsection shall not exceed R300 in all. |
| (2) | Thereafter any balance of the free residue shall be applied in defraying the deathbed expenses of the insolvent if they were incurred before the trustee's first plan of distribution was submitted to the Master in terms of section 91, and the death-bed expenses of the debtor's wife or minor child, if those expenses were incurred within the period of three months immediately preceding the sequestration of the insolvent's estate, but the amount payable under this subsection shall not exceed R300 in all. |
| (3) | In subsection (2) "death-bed expenses" means expenses incurred for medical attendance, nursing, medicines and medical necessaries, and claims for those expenses shall rank pari passu and abate in equal proportion, if necessary. |
| (4) | If the free residue of the estate is insufficient to defray the expenses mentioned in subsections (1) and (2), the deficiency shall be defrayed out of the proceeds of any other assets of the estate in proportion to their value. |
