Chapter 6:01
ADMINISTRATION OF ESTATES
removed from his office by any competent court or a judge thereof,
there does not remain for the guardianship of such minor or for the
administration or management of such estate respectively any tutor
or curator whatever, or so many tutors, either testamentary or
assumed, or curators, nominate or assumed, as by the provisions of
the will or deed by which such tutors or curators were respectively
appointed or permitted to be assumed, are required to form a
quorum of tutors or curators for the guardianship of such minor or for
the administration and management of such estate respectively, and
when it happens that any tutor dative, after letters of confirmation
have been granted to him, dies or becomes incapacitated or is
removed in manner aforesaid, then and in every such case
proceedings for the appointment of a tutor dative in place of the
person so dying or becoming incapacitated or removed shall be
taken by the Master in like manner and in all respects as is provided
by section seventy-four.
78 Revocation of letters of confirmation
(1) Letters of confirmation granted to any person as tutor
testamentary or as curator nominate of the estate of any minor shall
be at all times subject to be revoked and annulled by the High Court
or any judge thereof, on proof to the satisfaction of the High Court or
judge that the will or deed in respect of which such letters have been
granted to such person is null or has been revoked either wholly or
in so far as relates to the appointment of such tutor or curator.
(2) Letters of confirmation granted to any person as tutor dative
shall be at all times subject to be revoked or annulled by the Master,
on production to him of any valid will or deed by which any other
person who is then legally capable and qualified, and who consents
to act as tutor, has been legally appointed tutor testamentary of the
minor to whom such tutor dative had been appointed:
Provided that if the non-production of such will or deed, prior to
letters of confirmation having been granted to the tutor dative, has
been owing to the fault or negligence of the person therein
appointed tutor testamentary, such person shall be personally liable
for and may be compelled by the Master or any person related to the
minor to pay to the minor’s estate and account for all expenses
which have been incurred in respect of and with reference to the
appointment of the tutor dative.
(3) The Master shall revoke letters of confirmation granted to a
person as tutor or curator if the Master is satisfied that⎯
(a) when the letters of confirmation were granted to him, that person
was registered under the Estate Administrators Act [Chapter
27:20] and his registration has subsequently been cancelled or
suspended in terms of that Act; or
(b) in the case of a tutor dative, the person is not a relative of the
minor concerned and, when the letters of confirmation were
granted to him, he was not registered under the Estate
September 2000-09-27
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