Chapter 6:01
ADMINISTRATION OF ESTATES
deceased spouse to be taken over by the survivor at a valuation, to
be made by a person appointed in terms of section one hundred and
twenty-eight, instead of being realized according to law:
Provided that no person having any lawful claim against the estate
of such deceased spouse shall be delayed or defeated in obtaining
payment of such claim by virtue of anything herein contained.
50 Claims by minors, absent persons and others
If any executor in administering and distributing any estate finds
that any minor not having a lawful guardian or tutor, or any mentally
disordered or defective person not having a lawful curator, or any
person absent from Zimbabwe and not having a lawful
representative within the same, has any valid right or claim to such
estate or any part thereof, such executor shall forthwith transmit to
the Master a statement in writing containing the name of such minor,
mentally disordered or defective person or absent person and
specifying the nature and value of the property to which such minor,
mentally disordered or defective person or absent person has such
right or claim.
51 Executor to pay to Master money devolving upon minors,
mentally disordered or defective persons or absent persons
(1) If any executor in administering and distributing any estate
finds that any sum of money has devolved upon or become due from
such estate to any minor, mentally disordered or defective person or
person absent from Zimbabwe, not having a guardian, tutor, curator
or lawful representative within the same, such executor shall
forthwith pay such money into the hands of the Master:
Provided that if the person from whose estate such money has
devolved or become due has, by will or deed, directed that the same
shall be otherwise dealt with, nothing in this section contained shall
be taken to prevent such executor from carrying into effect the
provisions of such will or deed.
(2) Every executor administering and distributing any intestate
estate shall forthwith pay into the hands of the Master any sum of
money which has devolved upon or become due from any such
estate to any minor or mentally disordered or defective person, and
any sum of money which has devolved upon or become due from
any such estate to any person absent from Zimbabwe and not
having a lawful representative within the same.
(Subsection amended (by repeal of proviso) by s. 2 of Act No. 6 of 1997)
(3) The Master may receive into the Guardian’s Fund any moneys
set aside for annuities or subject to usufructs bequeathed by last will,
and any moneys due to any minor child, and interest shall be
allowed on any moneys so received by the Master in like manner as
is provided in section ninety-eight.
(4) Notwithstanding subsections (1) and (2), the Master may
permit an executor to pay any sum of money referred to in those
subsections into an account at a bank, building society or other
September 2000-09-27
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