Chapter 6:01
ADMINISTRATION OF ESTATES
his principal business, and shall state in that notice the period during
which and the place at which the account will lie open for inspection.
(7) The magistrate shall cause to be affixed in some public place
in or about his office a list of all such accounts as have been lodged
in his office and the date on which each such account will be
transmitted to the Master; and upon the expiry of the period allowed
for inspection he shall endorse on each account his certificate that
the account has lain open in his office for inspection in accordance
with this section and shall transmit the account to the Master.
(8) Any person interested in the estate may at any time before the
expiration of the period allowed for inspection lodge with the Master
in writing any objection, with the reasons thereof, to that account.
(9) The Master shall consider such account, together with any
objections that may have been duly lodged, and shall give such
directions thereon as he may deem fit:
Provided that—
(i) any person aggrieved by any such direction of the Master may,
within thirty days after the date of the Master’s direction, and
after giving notice to the executor and to any person affected by
the direction, apply by motion to the High Court for an order to
set aside the direction and the High Court may make such order
as it may think fit;
[Proviso amended by section 4 of Act 12/1997.]
(ii) when any such direction affects the interests of a person who
has not lodged such an objection, the account so amended shall
again lie open for inspection in the manner and with the notice
aforesaid unless the person so affected consents in writing to
the account being acted upon.
(10) When an account has been open to inspection and no
objection has been lodged, or if any objection has been lodged and
has not been sustained or has been withdrawn, or the person
objecting has not applied to the High Court within the time
prescribed the executor shall proceed to pay out the creditors and
heirs and shall lodge with the Master the vouchers in support of the
account.
[Subsection amended by section 4 of Act 12/1997.]
(11) Upon the final and complete liquidation of the estate to the
satisfaction of the Master the executor shall then be entitled to
obtain his discharge from the Master as such executor.
53 Summons if account has not been lodged within six months
(1) As often as any executor fails to lodge with the Master the
account mentioned in section fifty-two, the Master or any person
having an interest in such estate may at any time, after the expiration
of six months from the day on which the letters of administration
were granted to such executor, summon him to show cause before
the High Court why such account has not been so lodged as
aforesaid.
[Subsection amended by section 4 of Act 12/1997.]
September 2000-09-27
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