ADMINISTRATION OF ESTATES ACT
Chapter 6:01
(5) Letters of administration from the Master shall not be
necessary for, nor shall the Master be called upon to interfere in, the
administration and distribution of the estate of any such African
unless the presiding officer of a community court reports that it is the
desire of the persons concerned in the estate, according to African
usages and customs, that an executor dative should be appointed:
Provided that—
(i) in cases where the sole object of requiring the appointment of an
executor dative is for the purpose of passing transfer of land
held under title registered in the name of the deceased African
to any successor entitled thereto, the Master may summarily
make such appointment;
(ii) the Master may, should he deem it requisite to do so, cause
notice to be given in the Gazette, or in some other manner, of
the application made to him for the appointment of an executor
dative for the purpose of passing transfer of the land held by the
deceased and calling upon persons having or alleging any claim
against the deceased, or any objection, to intimate to him,
before a date to be stated, not being less than fourteen days
from the publication of such notice, of their claims or objections
failing which such appointment will be made;
(iii) the Master may in such cases dispense with the customary bond
of security for due administration.
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