(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 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.
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 confirmation, as the case may be, which have been granted to such person.
119 Continuing liability of executor, tutor or curator who has been removed and of surety
therefor
Notwithstanding his removal from office, an executor, tutor or curator shall remain liable for his duty to
account for his administration and management prior to such removal and any surety for any such executor, tutor
or curator shall remain liable for his obligation in regard to such duty.
119 Master to keep register of executors, tutors, curators and sureties
The Master shall cause a register to be kept containing the names of every executor to whom letters of
administration have been granted and of every surety for an executor dative, and also a register containing the
names of every tutor and curator to whom any letters of confirmation have be en granted and of every surety for
such tutor or curator; and whenever any order for sequestration is lodged with the Master he shall cause the said
registers to be examined and—
(a) if the insolvent is the executor or the surety of an executor of an estate not previously administered,
distributed and finally settled, the Master shall notify the fact in the Gazette;
(b) if the insolvent is either a tutor or curator of any minor, mentally disordered or defective person or
absent person, the Master may take steps for the appointment of a tutor or curator dative in the place of
such insolvent;
(c) if the insolvent is a surety for any tutor or curator the Master may require such tutor or curator to give
additional security to his satisfaction, and if such additional security is not furnished within a reasonable
time the Master or any person interested may move any competent court for the removal of such tutor or
curator, without in any way affecting the liability of such tutor or curator up to the time of his removal
or impairing the validity of any security or releasing any surety or his estate.
120 Sale of property otherwise than by auction
If, after due inquiry, the Master is of opinion that it would be to the advantage of persons interested in the
estate to sell any property belonging to such estate otherwise than by public auction he may, if the will of the
deceased contains no provisions to the contrary, grant the necessary authority to the executor so to act.
121 When Master may authorize subdivision of immovable property of minors
In cases where the Master is satisfied that it has become necessary or is expedient to subdivide any
immovable property in which any minor has an interest he may, after due inquiry and, if he deems fit, after
inspection of the property by himself or by some suitable person appointed by him, if he is satisfied that the
proposed division is a fair one, consent to such division on behalf of the minor interested and appear before the
Registrar of Deeds to join in the requisite transfers of partition.
122 Disposal of minors’ property
In cases where minor heirs are interested in property inherited from the estate of any deceased person the
Master may apply through the chamber book to a judge in chambers for authority for the lease, mortgage, sale or
other disposition of such property, and the judge may make such order as in the circumstances he considers
advisable.
123 Master may invest money of minors in purchase of immovable property in Zimbabwe
(1) The Master may, in consultation with the tutor or natural guardian of any minor, consent to the
investment of the whole or any portion of any moneys belonging to such minor in the purchase of immovable
property in Zimbabwe to be transferred into the name of the minor.
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