management of the same, letters of confirmation are granted to some person as tutor testamentary or dative or as
curator nominate or dative in manner hereinbefore in this Act provided.
(3) Every such appointment as curator bonis so made by the Master shall, on the application of any person
having an interest in such estate, be subject to be reviewed and confirmed or set aside by the High Court or any
judge thereof.
(4) The High Court or judge by whom any such appointment is set aside shall appoint some other fit and
proper person to be curator bonis.
82 Security for due administration by tutors and curators
Every tutor, either dative or assumed, and every curator dative and curator bonis, who is appointed by the
Master or the High Court or judge to administer the estate or property of any minor or absent person shall, before
he is permitted to enter on the administration of such estate or property, find 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 and property.
83 Disqualifications of persons as tutors or curators
Every person shall be deemed incapacitated and disqualified to hold, and shall be incapable of holding, the
office of tutor, either testamentary or dative, or of curator, either nominate or dative, in every case and for every
cause in and for which any person appointed tutor testamentary would, previously to the 5th July, 1907, have b een
incapable of holding the office of tutor testamentary.
84 Removal ipso facto of insolvent tutors and curators
Every tutor, either testamentary or dative, and every curator, either nominate or dative, whose estate is placed
under sequestration as insolvent, shall cease to exercise or hold, and shall thereupon be deemed to have been
removed and shall ipso facto be removed from, his office as tutor or curator aforesaid so soon as the final order for
such sequestration has been made, but the removal of such tutor or curator shall not relieve him from any liability
or responsibility attaching to him at the time of his removal.
85 Removal and suspension for cause of executors, tutors and curators
(1) Every executor, tutor or curator shall be liable to be suspended or removed from his office by order of the
High Court or any judge thereof if the High Court or judge is satisfied on motion that, by reason of absence from
Zimbabwe, other avocations, failing health or other sufficient cause, the interests of the es tate under his care
would be furthered by such suspension or removal.
(2) In every case of suspension the High Court or judge may substitute some fit and proper person to act
during the suspension of such executor, tutor or curator in his place, subject to such conditions as to the giving of
security and the conduct and administration of the estate as the High Court or judge may deem it just to impose.
Duties of Tutors and Curators
86 Inventory by tutors and curators
(1) All tutors, either testamentary or dative, and all curators, either nominate or dative, shall, within thirty
days after entering upon the administration of their office, make or cause to be made and shall subscribe an
inventory of all property, goods or effects, movable and immovable, forming part of the estates or belonging to
the estates or persons under their guardianship.
(2) Every such tutor or curator shall thereafter, from time to time, and so soon as any such property, goods or
effects as aforesaid come into his possession, or to his knowledge, make in like manner and form as aforesaid an
additional inventory thereof.
(3) Every such tutor or curator shall respectively forthwith transmit all such inventories to the Master.
87 Penalties for failure to make and transmit inventory
Every tutor or curator who fails to make up and transmit any such inventory in manner aforesaid, and who has
no lawful and sufficient excuse for such failure, shall by reason thereof, and in addition to every other liability,
consequence and penalty which he thereby by law subjects himself to and incurs, be guilty of an offence and
liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both
such fine and such imprisonment.
[Section amended by section 4 of Act 22 of 2001.]
88 Penalty for making false inventory
If any tutor or curator, required and directed under and by virtue of section eighty-six to make, or cause to be
made, an inventory of any estate, goods or effects, wilfully makes a false inventory thereof, he shall be guilty of
an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years
or to both such fine and such imprisonment.
[Section amended by section 4 of Act 22 of 2001.]
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