Chapter 6:01
ADMINISTRATION OF ESTATES
estate, such remuneration as may have been fixed by the deceased
by will or deed or otherwise as fair and reasonable compensation to
be assessed and taxed by the Master, subject to the review of the
High Court, upon the petition of such executor or of any person
having an interest in such estate:
Provided that if any executor fails to lodge the account of his
administration and distribution of the estate within six months from
the date on which letters of administration were granted to him and
has no lawful and sufficient excuse for such failure, it shall be
competent for the Master to disallow the whole or any portion of the
fees which such executor might otherwise have been entitled to
receive in respect of his administration of such estate.
[Subsection amended by section 4 of Act 12/1997.]
57 Transfer or mortgage of property held in community
The survivor of two spouses who were married in community of
property shall not, without the consent of the Master in writing,
transfer any land belonging to the joint estate and registered in the
name of such survivor unless and until an account of the
administration of such estate has been lodged with and accepted by
the Master, nor shall the survivor, unless and until such account has
been so filed and accepted, mortgage without such consent any
such land as aforesaid, except for the purpose of—
(a) securing to the minor heirs of such deceased spouse the
inheritance rightfully due to them; or
(b) raising money in order to pay such inheritance into the hands of
the Master.
58 Property bequeathed with limited interest and transfer to
administrator
(1) If a usufructuary or other limited interest, other than a fiduciary
interest, in immovable property or a mortgage bond or a notarial
bond has been bequeathed to any person with a direction that after
the expiry of such interest the property or bond shall devolve upon
any other person, whether certain or uncertain, the executor shall—
(a) if the identity of the ultimate beneficiary is certain, transfer the
property or cede the bond to him with the express reservation in
the deed of transfer or cession of the rights of the person
entitled to the limited interest; or
(b) if the identity of the ultimate heir or legatee is uncertain, transmit
the title deed or bond to the Registrar of Deeds in order that the
terms of the will or a reference thereto may be endorsed on the
title deed or bond and lodge with the Master proof that such
endorsement has been made:
Provided that, if it is uncertain whether or not the interest
bequeathed is a fiduciary interest, the executor shall transmit the title
deed or bond to the Registrar of Deeds in order that the terms of the
will or a reference thereto may be endorsed on the title deed or bond
September 2000-09-27
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