Chapter 6:01
ADMINISTRATION OF ESTATES
73 Security rem pupilli salvam fore, by curators and tutors
nominate in like manner as before this Act
The High Court, or any judge thereof, on the application of the
Master or of any relation or of any person having an interest in the
due administration of the estate or property of any minor in every
case in which, prior to the 5th July, 1907, any tutor testamentary
might by law have been required to give security rem pupilli salvam
fore, may make an order that letters of confirmation shall not be
granted to any tutor testamentary or curator nominate as aforesaid
until he has found security to the satisfaction of the Master to such
amount as, in the circumstances of each particular case, is
reasonable for the due and faithful administration and management
of such estate or property.
74 Appointment of tutors dative by Master
(1) In every case in which it comes to the knowledge of the Master
that any estate or property within Zimbabwe has devolved on or
come to belong to any minor, being within its limits, and not being at
the time under the natural guardianship of his father or mother or of
a tutor testamentary duly confirmed, the Master, except when it is
known to him that a tutor testamentary has been duly nominated and
appointed to such minor by any valid will or deed, in which case he
shall proceed in manner for that purpose provided by section
seventy-one, shall cause to be published in the Gazette and in such
other manner as to him seems fit, a notice calling on the relations of
the minor, both paternal and maternal, to attend at his office, at the
time therein specified, to see letters of confirmation granted to some
person to be appointed by him tutor dative of such minor:
Provided that when it appears to the Master expedient so to do, he
may in such notice call on the relatives of such minor, both paternal
and maternal, to attend before any magistrate, at such time and
place as he may appoint, for the purpose of stating any objection
which may exist to any of the next of kin or other person being
appointed tutor dative or of proposing some person to be by such
magistrate reported to the Master as fit and proper to be by him
appointed tutor dative.
(2) The Master shall, at the meeting so to be held at his office or
upon receiving the report of such magistrate, appoint such person as
to him seems fit and proper to be tutor dative of such minor, and
shall grant letters of confirmation as such, unless it appears to him
necessary or expedient to postpone such appointment and to call
another meeting:
Provided that no person shall be appointed as tutor dative in terms
of this subsection unless he is⎯
(a) registered under the Estate Administrators Act [Chapter
27:20]; or
(b) a relative of the minor concerned.
[Proviso inserted by section 68 of Act 16/1998.]
September 2000-09-27
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