ADMINISTRATION OF ESTATES ACT
Chapter 6:01
appointed tutor testamentary would, previously to the 5th July, 1907,
have been incapable of holding the office of tutor testamentary.
*See section 86 (3) of the Insolvency Act [Chapter 6:04]
84 Removal ipso facto of insolvent tutors and curators
Every tutor, either testamentary or dative, and every curator, either
nominate or dative, whose estate is placed under sequestration as
insolvent, shall cease to exercise or hold, and shall thereupon be
deemed to have been removed and shall ipso facto be removed
from, his office as tutor or curator aforesaid so soon as the final
order for such sequestration has been made, but the removal of
such tutor or curator shall not relieve him from any liability or
responsibility attaching to him at the time of his removal.
85 Removal and suspension for cause of executors, tutors and
curators
(1) Every executor, tutor or curator shall be liable to be suspended
or removed from his office by order of the High Court or any judge
thereof if the High Court or judge is satisfied on motion that, by
reason of absence from Zimbabwe, other avocations, failing health
or other sufficient cause, the interests of the estate under his care
would be furthered by such suspension or removal.
(2) In every case of suspension the High Court or judge may
substitute some fit and proper person to act during the suspension of
such executor, tutor or curator in his place, subject to such
conditions as to the giving of security and the conduct and
administration of the estate as the High Court or judge may deem it
just to impose.
Duties of Tutors and Curators
86 Inventory by tutors and curators
(1) All tutors, either testamentary or dative, and all curators, either
nominate or dative, shall, within thirty days after entering upon the
administration of their office, make or cause to be made and shall
subscribe an inventory of all property, goods or effects, movable and
immovable, forming part of the estates or belonging to the estates or
persons under their guardianship.
(2) Every such tutor or curator shall thereafter, from time to time,
and so soon as any such property, goods or effects as aforesaid
come into his possession, or to his knowledge, make in like manner
and form as aforesaid an additional inventory thereof.
(3) Every such tutor or curator shall respectively forthwith transmit
all such inventories to the Master.
87 Penalties for failure to make and transmit inventory
Every tutor or curator who fails to make up and transmit any such
inventory in manner aforesaid, and who has no lawful and sufficient
excuse for such failure, shall by reason thereof, and in addition to
every other liability, consequence and penalty which he thereby by
law subjects himself to and incurs, be guilty of an offence and liable
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