ADMINISTRATION OF ESTATES ACT
Chapter 6:01
(ii) when it appears to the Master or to the High Court or any judge
thereof, on reviewing the appointment of the Master, that any
good reason exists against the appointment of all or any of the
above-mentioned persons or classes of persons, as executor or
executors, any such person or class of persons may be passed
by and some other fit and proper person or persons may by the
Master, or by the High Court or judge, be appointed executor or
executors;
(iii) every such appointment so made by the Master shall, on the
application of any person having an interest in such estate, 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 is set aside may appoint some other fit
and proper person or persons to be executor or executors.
27 Appointment of tutor as executor
When it happens that any of the next of kin or creditors or legatees
of any deceased person are minors under the guardianship of any
tutor duly appointed, then and in every such case such tutor shall be
entitled to be preferred to the office of executor dative under section
twenty-six, in the same manner in all respects as the minor, whose
tutor he is, would, if of full age, have been entitled to be preferred to
that office under the said section.
28 Assumption of executor under power contained in will
(1) Nothing in this Act shall prevent any testamentary executor
from assuming another person as executor under a power conferred
on him by the testator in his will or codicil:
Provided that no person shall be entitled or qualified to act as
assumed executor unless—
(a) he is the testator’s surviving spouse or next of kin or is
registered in terms of the Estate Administrators Act [Chapter
27:20]; and
(b) the Master has granted him letters of administration as such
during the lifetime of the testamentary executor.
(2) The Master shall grant a person letters of administration as an
assumed executor in terms of subsection (1) if the Master is satisfied
that the power of assumption under the will or codicil concerned has
been properly exercised.
(3) Every provision of this Act and any other law relating to
executors shall apply to persons who are assumed as executors
under this section.
[Section substituted by section 68 of Act 16/1998]
29 Appointment of new executor
When by reason of any testamentary or assumed executor whom
letters of administration have been granted having died or become
incapacitated to act as such, or having been removed from his office
by the decree of any competent court or a judge thereof there does
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