Chapter 6:01
ADMINISTRATION OF ESTATES
and effects, movable and immovable, of what kind soever which, at
the time of the death, formed part of or belonged to the estate
possessed in community between the predeceasing and surviving
spouses, to be made in the presence of two impartial witnesses,
being persons of good credit and repute, and of such persons having
an interest in the distribution of the joint estate as heirs or legatees
of the predeceased spouse as may attend.
(2) Every such inventory shall be subscribed by the surviving
spouse and witnesses aforesaid and such heirs or legatees as are
present at the making thereof.
(3) Without derogation from section thirteen, a surviving spouse
who fails to cause an inventory to be made in terms of this section
shall be guilty of an offence and liable to a fine not exceeding level
four or to imprisonment for a period not exceeding three months or to
both such fine and such imprisonment.
[Subsection inserted amended by s. 4 of Act 22/2001.]
13 Penalty on omission of inventory
(1) Every surviving spouse who wilfully neglects to cause an
inventory of the joint estate to be made in manner and within the
period hereinbefore provided, or knowingly omits to enter in such
inventory any article of property of whatsoever kind, shall, in the
distribution of such estate, forfeit all right to and share in anything
which may accrue to the joint estate after the death of the
predeceasing spouse and in and to such property so omitted in the
inventory.
(2) Every loss which has been caused by the destruction or
deterioration of any such property so omitted in the inventory, or
which has accrued to the joint estate after the death of the
predeceasing spouse by the loss or deterioration of any part thereof,
shall, in the distribution of the estate, fall upon and be borne by such
surviving spouse solely and exclusively.
(3) Nothing in this section contained shall free or exempt any
person who wilfully, or for any fraudulent purpose, makes or causes
to be made any false inventory of any such joint estate from any
penalty or punishment hereinafter or by any other law provided with
respect to the offence of making false inventories.
14 Inventory on the death of person not married in community
(1) On the death of any person not being one of two spouses
married in community of property, the wife or husband of the
deceased or, in default or absence of the wife or husband, the child
or children of the deceased or, in default, absence or minority of the
child or children, the next of kin of the deceased or, in default,
absence or minority of the next of kin, the person who at or
immediately after the death has the chief charge of the house in or of
the place on which the death occurs shall, within fourteen days after
the death, make or cause to be made in the presence of two
impartial witnesses, being persons of good credit and repute, an
September 2000-09-27
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