ADMINISTRATION OF ESTATES ACT Chapter 6:01 PART IIIA7 ESTATES OF PERSONS SUBJECT TO CUSTOMARY LAW ESTATES OF PERSONS SUBJECT TO CUSTOMARY LAW 68 Interpretation in Part IIIA (1) In this Part⎯ “beneficiary”, in relation to a deceased person’s estate, means⎯ (a) a surviving spouse or child of the deceased person; or (c)(b)where the deceased person left no surviving spouse or child, any person who is entitled to inherit any property in the estate in terms of this Part; “estate” includes any immovable property forming part of the estate; “executor” means a person appointed as executor of an estate in terms of section sixty-eight B’; “family”, in relation to a deceased person referred to in subsection (1) of section sixty-eight A, means the persons who are recognised under customary law as constituting the deceased person’s family; “heir”, in relation to a deceased person referred to subsection (1) of section sixty-eight A, means his heir at customary law; “Master” includes a magistrate or other person designated buy the Minister in terms of sixty-eight I; “net estate” means the residue of an estate remaining after the discharge or settlement of the claims of creditors. (2) Any reference in this Part to a share or a fraction of an estate shall be construed as a share or fraction, as the case may be, determined according to value. (4)(3)A marriage contracted according to customary law shall be regarded as a valid marriage for the purposes of this Part notwithstanding that it has not been solemnized in terms of the Customary Marriages Act [Chapter 5:07], and any reference in this Part to a spouse shall be construed accordingly: (6)(4)A marriage contracted according to the Marriage Act [Chapter 5:11] or the law of a foreign country under which persons are not permitted to have more than one spouse shall be regarded as a valid marriage for the purposes of this Part even if, when it was contracted, either of the parties was married to someone else in accordance with customary law, whether or not that customary law marriage was solemnised in terms of the Customary Marriages Act [Chapter 5:07]: Provided that, for the purposes of this Part, the first-mentioned marriage shall be regarded as a customary-law marriage. 7 34 Part inserted by s. 3 of Act No. 6 of 1997 with effect from 1st November 1997. By virtue of s. 6 of Act No. 6 of 1997, the new Part will not have effect in relation to the estate of any person who died before the 1st November 1997. The previous provision is set out in an Appendix at the end of this re-issue. Reissue Formatted: Bullets and Numbering