Chapter 6:01
ADMINISTRATION OF ESTATES
accordance with section sixty-eight F, any issues in dispute
between the executor and the beneficiary or beneficiaries, and
shall direct the executor to distribute or administer the estate in
accordance with his determination.
68F Resolution of dispute over inheritance plan
(1) In determining any issue between an executor and a
beneficiary in terms of paragraph (c) of subsection (3) of section
sixty-eight E, the Master shall⎯
(a) adopt such procedure as, in his opinion, will resolve the issue in
the speediest and least expensive manner consistent with real
and substantial justice; and
(b) ensure that the executor and the beneficiary concerned are
afforded a reasonable opportunity to state their respective
cases.
(2) The Master shall be guided by the following principles, to the
extent that they are applicable, when determining any issue between
an executor and a beneficiary in terms of paragraph (c) of
subsection (3) of section sixty-eight E⎯
(a) any personal articles which, under customary law, devolve upon
a member of the deceased person’s family should be given to
that family member, and their value excluded from the net estate
for the purposes of paragraphs (b) to (j);
(b) where the deceased person was a man and is survived by two
or more wives and had one or more children⎯
(i) one-third of the net estate should be divided between the
surviving wives in the proportions two shares to the first or
senior wife and one share to the other wife or each of the
other wives, as the case may be; and
(ii) the remainder of the estate should devolve upon⎯
A. his child; or
B. his children in equal shares;
as the case may, and any of their descendants per stirpes;
(c) where the deceased person was a man and is survived by two
or more wives, whether or not there are any surviving children,
the wives should receive the following property, in addition to
anything they are entitled to under paragraph (b)⎯
(i) where they live in separate houses, each wife should get
ownership of or, if that is impracticable, a usufruct over, the
house she lived in at the time of the deceased person’s
death, together with all the household goods in that house;
(ii) where the wives live together in one house at the time of the
deceased person’s death, they should get joint ownership of
or, if that is impracticable, a joint usufruct over, the house
and the household goods in that house;
(d) where the deceased person is survived by one spouse and one
or more children, the surviving spouse should get⎯
(i) ownership of or, if that is impracticable, a usufruct over, the
house in which the spouse lived at the time of the deceased
September 2000-09-27
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