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 42 Reissue

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