ADMINISTRATION OF ESTATES ACT
Chapter 6:01
of the funds of the estate, shall in respect thereof be entitled to
recover from any person having a just and valid claim as a creditor
against such estate restitution of any part of such funds which may
have been paid to such person in satisfaction thereof after the expiry
of such period, and before the claim of the person seeking such
restitution was lodged with the executor, although if lodged in due
time such last-mentioned claim would, according to the legal order of
preference, have been preferent to that of the person to whom such
payment had previously been made; nor shall such person have any
claim against any executor in respect of any such distribution as
aforesaid of the funds of any such estate made by him after the
expiry of such period as aforesaid, and before the claim of such
person was known to such executor.
46 Preference on estate for funeral expenses
Every person by whom the funeral of any deceased person is
performed, or who causes the same to be performed, shall for the
amount of the expenses of such funeral, in so far as the same were
suitable to the condition of the deceased, have a preference on the
property and assets of the estate of the deceased before any other
debt or claim which may have been owing by the deceased at the
time of his death or which may arise against his estate after his
death.
47 Executor may require solemn declaration in support of claim
(1) Any executor may, if he thinks fit, require any person preferring
any claim as a creditor against the estate of which he is executor to
substantiate such claim by a solemn declaration, setting forth the
details of such claim with such particularity as the executor may
reasonably require, and may refuse to recognize any such claim until
such declaration has been delivered to him.
(2) It shall be competent for any court by which any such claim is
adjudged in favour of any claimant to decline to grant such claimant
his costs against the estate if such court deems that the information
given by the claimant to the executor was insufficient and that the
executor acted with prudence and discretion in contesting such
claim.
48 If estate insolvent
If an executor, after inquiry, finds that the estate is insolvent he
shall immediately take the necessary proceedings for having such
estate placed under sequestration as insolvent, unless the creditors
consent to receive a dividend in full satisfaction of their claims and
proof of such consent is produced to the Master.
49 Master may permit surviving spouse to take over estate at
appraisement
If one of two spouses dies intestate, or dies testate and has made
no provision to the contrary in the will, the Master may, if it appears
to him that it will be for the benefit of the minor children, if any, of the
deceased spouse to do so, permit the estate belonging to such
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