Chapter 6:01
ADMINISTRATION OF ESTATES
not remain for the administration of the estate any executor
whatever, or so many executors, either testamentary or assumed, as
by the provisions of the will or codicil by which such executors were
appointed, or permitted to be assumed, are required to form a
quorum of executors, and when it happens that any executor dative,
after letters of administration have been granted to him, dies or
becomes incapacitated or is removed in manner aforesaid, then and
in every such case proceedings for the appointment of an executor
in place of such executor so dying or so becoming incapacitated or
removed, shall be taken by the Master in like manner in all respects
as provided in section twenty-five, twenty-six and twenty-seven.
29A Disqualification from appointment as executor in certain
cases
The Master shall not grant letters of administration to a person in
terms of section twenty-five, twenty-seven or twenty-nine unless that
person is⎯
(a) registered under the Estate Administrators Act [Chapter 27:20];
or
(b) a surviving spouse or next of kin of the deceased person
concerned.
[Section inserted by section 68 of Act 16/1998.]
30 Revocation of letters of administration
(1) Letters of administration granted to any person as
testamentary executor shall at all times be subject to be revoked and
annulled by the decree of the High Court on the proof to the
satisfaction of the High Court that the will or codicil, in respect of
which such letters have been granted to such person, is null or has
been revoked either wholly or in so far as it relates to the nomination
of such executors.
(2) Any letters of administration granted to any person as executor
dative shall be at all times subject to be revoked and annulled by the
Master, on production to him of any will or codicil by which any other
person, who is then legally capable and qualified and who consents
to act as executor, has been legally nominated testamentary
executor to the estate which such executor dative has been
appointed to administer.
(3) If the non-production of such will or codicil, prior to letters of
administration having been granted to the executor dative, has been
owing to the fault or negligence of the person therein nominated
testamentary executor, such person shall be personally liable for,
and may be compelled at the instance of the Master or any person
interested, to make good to the estate all expenses which have been
incurred in respect of and with reference to the appointment of the
executor dative.
(4) The Master shall revoke letters of administration granted to a
person as executor if the Master is satisfied that⎯
September 2000-09-27
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