ADMINISTRATION OF ESTATES ACT
Chapter 6:01
legatee or heir in regard thereto, the Master shall inquire into the
matter and take such action thereon as he shall think expedient.
(2) For the purpose of any inquiry under subsection (1), the Master
may—
(a) require the executor, tutor or curator concerned or any other
person to furnish him with such information as he may require
and to produce for examination by the Master or by any person
appointed by him for that purpose at a time and place specified
by the Master any deeds, plans, instruments, books, accounts,
stock lists or documents which the Master may specify;
(b) serve a written notice upon the executor, tutor or curator
concerned requiring him to attend at a time and place to be
specified by the Master for the purpose of being examined on
oath by the Master or by any person appointed by him for that
purpose respecting any transactions or matters affecting the
estate which such executor, tutor or curator is administering.
(3) Any executor, tutor or curator called upon to be examined in
terms of this section may be represented at such inquiry by an
accountant or by a legal practitioner.
(4) Any executor, tutor, curator or other person who—
(a) fails to comply with the requirements of the Master in terms of
subsection (2); or
(b) fails to attend at the time and place specified by the Master in
terms of subsection (2); or
(c) refuses to answer any question put to him by the Master or by
any person appointed by him in terms of subsection (2)
otherwise than on the grounds that the answer may tend to
incriminate him;
shall be guilty of an offence and liable to a fine not exceeding level four hundred
dollars or to imprisonment for a period not exceeding twohree months or to both
such fine and such imprisonment.
[Section amended b by s. 4 of Act 22/2001.
117 Master may apply for removal of executor, tutor or curator
from office
(1) The Master may apply to a judge in chambers for the removal
of an executor, tutor or curator from his office on the ground—
(a) that he was not qualified for appointment to such office or that
his appointment was for any other reason illegal; or
(b) that he has failed to perform satisfactorily any duty or
requirement imposed upon him by or in terms of any law; or
(c) that he is mentally or physically incapable of performing
satisfactorily his duties; or
(d) that in his opinion such person is no longer suitable to hold such
office;
and the judge may, upon such application, remove the executor, tutor or curator
concerned from his office or make such other order as he sees fit.
(2) Where an executor, tutor or curator has been removed from his
office the Master shall revoke any letters of administration or
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