Chapter 6:01 ADMINISTRATION OF ESTATES 111 Procedure in case of credit balance or loss (1) The Master shall pay to the Ministry responsible for finance for the benefit of the Consolidated Revenue Fund any credit balance on the profit and loss account. (2) The Ministry responsible for finance shall, from moneys appropriated for the purpose by Parliament, make good any loss on the profit and loss account. 112 Maintenance awards (1) The Master shall receive into the Guardian’s Fund all moneys directed to be paid therein under an award made in terms of the Deceased Persons Family Maintenance Act [Chapter 6:03] for the credit of any person and shall make payments from such moneys in accordance with the award. (2) Section ninety-eight shall apply, mutatis mutandis, in relation to any moneys referred to in subsection (1). PART V GGENERAL 113 Decision on point of law Whenever any difference of opinion upon a question of law arises between the executor and the Master in the distribution of an estate and a minor is interested in the decision of that question, the Master and the executor may state a case in writing for determination by a judge of the High Court in chambers, and the determination of the judge shall be binding upon the Master and the executor, without prejudice to the rights of other persons interested in the distribution: Provided that the judge may refer the matter to the High Court for argument. 114 Penalties for contraventions of provisions of Act [Section repealed by by s. 4 of Act 22/2001.] 115 Invalidity of appointment of Master as executor, tutor or curator If any person has by will or other deed appointed the Master in his official or private capacity to be the executor of his estate or tutor testamentary of any minor or curator nominate of any estate or property given or bequeathed by him to any minor or mentally disordered or defective person, such appointment shall be null and void; and proceedings shall be taken for the appointment of an executor dative, tutor dative or curator dative, as the case may be, just as if no such appointment of the Master had been made. 116 Supervision of executors, tutors and curators (1) If it appears to the Master that any executor, tutor or curator is failing or neglecting to perform satisfactorily his duties or to observe all the requirements imposed upon him by law or otherwise in regard thereto, or if any complaint is made to the Master by any creditor, September 2000-09-27 57

Select target paragraph3

Add to table of contents