(8) Any person interested in the estate may at any time before the expiration of the period allowed for
inspection lodge with the Master in writing any objection, with the reasons thereof, to that account.
(9) The Master shall consider such account, together with any objections that may have been duly lodged,
and shall give such directions thereon as he may deem fit:
Provided that—
(i) any person aggrieved by any such direction of the Master may, within thirty days after the date of the
Master’s direction, and after giving notice to the executor and to any person affected by the direction,
apply by motion to the High Court for an order to set aside the direction and the High Court may make
such order as it may think fit;
[Proviso amended by section 4 of Act 12 of 1997.]
(ii) when any such direction affects the interests of a person who has not lodged such an objection, the
account so amended shall again lie open for inspection in the manner and with the notice aforesaid
unless the person so affected consents in writing to the account being acted upon.
(10) When an account has been open to inspection and no objection has been lodged, or if any objection has
been lodged and has not been sustained or has been withdrawn, or the person objecting has not applied to the High
Court within the time prescribed the executor shall proceed to pay out the creditors and heirs and shall lodge with
the Master the vouchers in support of the account.
[Subsection amended by section 4 of Act 12 of 1997.]
(11) Upon the final and complete liquidation of the estate to the satisfaction of the Master the executor shall
then be entitled to obtain his discharge from the Master as such executor.
53 Summons if account has not been lodged within six months
(1) As often as any executor fails to lodge with the Master the account mentioned in section fifty-two, the
Master or any person having an interest in such estate may at any time, after the expiration of six months from the
day on which the letters of administration were granted to such executor, summon him to show cause before the
High Court why such account has not been so lodged as aforesaid.
[Subsection amended by section 4 of Act 12 of 1997.]
(2) The Master, or such other person as aforesaid, shall not later than one month before suing out any such
summons apply by letter to the executor in default requiring him to lodge his account on pain of being summoned
to do so under this section.
(3) An executor receiving any such application from the Master, or such other person as aforesaid, may lay
before the Master such grounds and reasons as he may be able to advance why he has not lodged his account and
the Master, should such grounds and reasons seem to him sufficient, may grant to such executor such an extension
of time for the lodging of such account as he in the circumstances deems reasonable; reserving always the right of
any person having an interest in such estate to bring in review before the High Court, or any judge thereof, by
motion the decision of the Master under which any such extension is granted.
(4) Any such executor so in default, if he fails to satisfy the Master that he ought to receive an extension of
time, may apply to the High Court, or any judge thereof, by motion of which he shall give notice to the Master
and such other person as aforesaid, for an order granting to such executor an extension of time in which to lodge
his account.
[Subsection amended by section 4 of Act 12 of 1997.]
54 Master entitled to costs in certain cases
Although the High Court or judge is of opinion that the grounds and reasons laid before the Master by any
executor who is summoned to lodge his account as aforesaid were such as would have warranted the Master in
granting an extension of time, the Master, or such other person at whose instance summons is issued, shall
nevertheless be entitled to his costs if, before summoning the executor whose grounds and reasons the Master has
overruled and declared insufficient, he has allowed such executor sufficient time for enabling him to apply to the
High Court or some judge thereof for such an order as aforesaid granting to such executor an extension of time.
[Section amended by section 4 of Act 12 of 1997.]
55 Costs, unless otherwise ordered, to be paid by executor in default
The costs adjudged to the Master, or such other person as aforesaid, upon any summons sued out by him or
on his behalf shall be payable by the executor in default in his individual capacity and he shall not be at liberty to
charge the same to the estate under his administration unless authorized so to do by the High Court.
[Section amended by section 4 of Act 12 of 1997.]
56 Remuneration of executors
Every executor shall, in respect of his administration, distribution and final settlement of any estate, be
entitled to claim, receive or retain out of the assets of such estate, or from any person who as heir, legatee or
creditor is entitled to the whole or any part of such estate, such remuneration as may have been fixed by the
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