ADMINISTRATION OF ESTATES ACT
Chapter 6:01
(3) When any such minor is not possessed of or does not have
claim to any other estate or property except such as has been given
or bequeathed to such minor by some person who has duly
appointed a curator nominate to administer and manage the same
during the minority of such minor, or except some estate or property
paid over to and in the hands of the Master under section fifty-one, it
shall not be necessary, though it shall in all cases be competent, for
the Master to take any such proceedings as aforesaid for the
appointment of a tutor dative.
75 Review of Master’s appointment
Every such appointment made by the Master shall, on the
application of any one of the relations of, or of the curator nominate
of any estate or property belonging to, such minor, be subject to be
reviewed and confirmed or set aside by the High Court or any judge
thereof, and the High Court or judge by whom such appointment
shall be set aside shall appoint some other fit and proper person to
be tutor dative of such minor.
76 Assumption of tutors and curators
(1) Nothing in this Act shall prevent a tutor testamentary of a minor
or a curator nominate of an estate from assuming another person as
tutor or curator, as the case may be, under a power conferred on him
by the will or deed under which he was appointed:
Provided that no person shall be entitled or qualified to act as
assumed tutor or curator unless⎯
(a) he is either⎯
(i) a relative of the minor or absent person concerned; or
(ii) registered in terms of the Estate Administrators Act [Chapter
27:20];
and
(b) the Master has granted him letters of confirmation a such during
the lifetime of the tutor testamentary or curator nominate, as the
case may be.
(2) The Master shall grant a person letters of confirmation in terms
of subsection (1) if the Master is satisfied that the power of
assumption under the will or deed concerned has been properly
exercised.
(3) Every provision of this Act and any other law relating to tutors
or curators dative, as the case may be, shall apply to persons who
are assumed as tutors or curators under this section.
[Section substituted by section 68 of Act 16/1998.]
77 Proceedings in case of death, incapacity or removal of tutors
or curators
When by reason of any tutor of any minor, either testamentary or
assumed, or of any curator of any estate, either nominate or
assumed, to whom letters of confirmation have been granted, having
died or become incapacitated to act as such or having been
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