Chapter 6:01 ADMINISTRATION OF ESTATES and all such moneys shall be held by the Master in the Guardian’s Fund for account of the rightful owners. subsection (4) shall indicate in relation to each account— (a) the full names of the depositor and, if he at any time furnished any registration particulars, such particulars; and (b) the last-known address of the depositor; and (c) the amount standing to the credit of the depositor; and (d) any reference number relating to such account, including any past reference number. (6) Subject to any other law, a deposit-receiving institution shall be entitled to destroy its records relating to any account referred to in a statement forwarded in terms of subsection (4) after a period of five years has elapsed from the date the money in that account was forwarded to the Master. 101 Banking of moneys in Guardian’s Fund All moneys paid to the Master under any law, for the purpose of being placed to the credit of the Guardian’s Fund, shall be paid into an account with a commercial bank registered under the Banking Act [Chapter 24:201] and the Master may withdraw any part of such moneys by cheques or drafts signed by himself and drawn in accordance with regulations made in terms of section one hundred and thirty-two. [Section amended by s. 82 of Act 9/1999.] Commented [BB1]: Amendments to this section by s. 4 of Act 6/1997 have NOT been incorporated. There is a small problem. Section 4 repeals subsection (1) – but not subsection (2) – and substitutes new (1), (2) and (3). It is not clear to me whether the old (2) should be preserved or jettisoned. 102 Payment to persons entitled to money (1) credit of any person or of any estate to the person by law entitled to demand and receive the same and also pay to any tutor or curator of any minor, mentally disordered or defective person or absent (1) Subject to this section, the Master shall pay any sum of money standing to the credit of any person or estate in the Guardian’s Fund to the person entitled by law to receive the money. (2) Where any sum of money in the Guardian’s Fund is standing to the credit of a minor, a mentally disordered or intellectually handicapped person, an absent person or to any estate, the Master may pay the tutor, curator or administrator of that minor, person or estate, as the case may be, such amount as the tutor, curator or administrator is by law authorized or required to expend in relation to the minor, person or estate concerned: Provided that, if the Master is satisfied that the tutor, curator or administrator will invest and apply the money in the best interests of the minor, person of estate concerned, the Master may pay him the whole sum standing to the credit of the minor, person or estate concerned, subject to such conditions as the Master thinks fit to impose relating to the investment and application of the money and the submission of accounts and reports by the tutor, curator or administrator. (3) If a tutor, curator or administrator to whom any money has been paid in terms of the proviso to subsection (2) fails to comply September 2000-09-27 53

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