Chapter 6:01 ADMINISTRATION OF ESTATES 68A Application of Part IIIA (1) Subject to subsection (2), this Part shall apply to the estate of any person to whom customary law applied at the date of his death. (2) This Part, other than section sixty-eight C, shall not apply to any part of an estate that is disposed of by will. 68B Appointment of executor (1) Upon the death of a person referred to in subsection (1) of section sixty-eight A, the Master shall summon the deceased person’s family, or such members of the family as are readily available, for the purpose of appointing a person to be the executor of the deceased person’s estate. (2) The Master, with the concurrence of the relatives present at a meeting summoned in terms of subsection (1), shall appoint a person to be the executor of the estate of the deceased person referred to in that subsection: Provided that-⎯ (i) if the relatives are unable to agree upon a person to be appointed as executor, the Master shall appoint a person as provided in section twenty-six, which section shall apply, mutatis mutandis, in relation to any such appointment; (ii) no person shall be appointed as executor under this subsection unless he is⎯ (a) registered under the Estate Administrators Act [Chapter 27:20]; or (b) a member of the deceased person’s family. [Proviso (ii) inserted by section 68 of Act 16/1998.] (3) The heir of the deceased person concerned shall be eligible for appointment as executor in terms of subsection (2), if the deceased person’s relatives present at a meeting summoned in terms of subsection (1) agree on his appointment. (4) Subject to this Part, an executor appointed in terms of subsection (2) shall be responsible for⎯ (a) discharging the claims of creditors against the estate of the deceased person concerned; and (b) administering and safeguarding the estate of the deceased person concerned, pending its distribution in terms of this Part. (5) In the exercise of his responsibilities in terms of subsection (4), an executor shall have such of an executor’s powers under this Act, and shall be subject to such of an executor’s duties, as may be prescribed or as the Master may confer or impose on him. 68C Inheritance of customary articles by heir Upon the death of a person referred to in subsection (1) of section sixty-eight A, his heir shall inherit the person’s name and tsvimbo or intonga and any traditional articles which, under customary law, pass to his heir on the person’s death. September 2000-09-27 35