for the purpose of stating any objection which may exist to any of the next of kin or other person being appointed
tutor dative or of proposing some person to be by such magistrate reported to the Master as fit and proper to be by
him appointed tutor dative.
(2) The Master shall, at the meeting so to be held at his office or upon receiving the report of such magistrate,
appoint such person as to him seems fit and proper to be tutor dative of such minor, and shall grant letters of
confirmation as such, unless it appears to him necessary or expedient to postpone such appointment and to call
another meeting:
Provided that no person shall be appointed as tutor dative in terms of this subsection unless he is
(a) registered under the Estate Administrators Act [Chapter 27:20]; or
(b) a relative of the minor concerned.
[Proviso inserted by section 68 of Act 16 of 1998.]
(3) When any such minor is not possessed of or does not have claim to any other estate or property except
such as has been given or bequeathed to such minor by some person who has duly appointed a curator nominate to
administer and manage the same during the minority of such minor, or except some estate or property paid over to
and in the hands of the Master under section fifty-one, it shall not be necessary, though it shall in all cases be
competent, for the Master to take any such proceedings as aforesaid for the appointment of a tutor dative.
75 Review of Master’s appointment
Every such appointment made by the Master shall, on the application of any one of the relations of, or of the
curator nominate of any estate or property belonging to, such minor, be subject to be reviewed and confirmed or
set aside by the High Court or any judge thereof, and the High Court or judge by whom such appointment shall be
set aside shall appoint some other fit and proper person to be tutor dative of such minor.
76 Assumption of tutors and curators
(1) Nothing in this Act shall prevent a tutor testamentary of a minor or a curator nominate of an estate from
assuming another person as tutor or curator, as the case may be, under a power conferred on him by the will or
deed under which he was appointed:
Provided that no person shall be entitled or qualified to act as assumed tutor or curator unless
(a) he is either
(i) a relative of the minor or absent person concerned; or
(ii) registered in terms of the Estate Administrators Act [Chapter 27:20];
and
(b) the Master has granted him letters of confirmation as such during the lifetime of the tutor testamentary
or curator nominate, as the case may be.
(2) The Master shall grant a person letters of confirmation in terms of subsection (1) if the Master is satisfied
that the power of assumption under the will or deed concerned has been properly exercised.
(3) Every provision of this Act and any other law relating to tutors or curators dative, as the case may be,
shall apply to persons who are assumed as tutors or curators under this section.
[Section substituted by section 68 of Act 16 of 1998.]
77 Proceedings in case of death, incapacity or removal of tutors or curators
When by reason of any tutor of any minor, either testamentary or assumed, or of any curator of any estate,
either nominate or assumed, to whom letters of confirmation have been granted, having died or become
incapacitated to act as such or having been removed from his office by any competent court or a judge thereof,
there does not remain for the guardianship of such minor or for the administration or management of such estate
respectively any tutor or curator whatever, or so many tutors, either testamentary or assumed, or curators,
nominate or assumed, as by the provisions of the will or deed by which such tutors or curators were respectively
appointed or permitted to be assumed, are required to form a quorum of tutors or curators for the guardianship of
such minor or for the administration and management of such estate respectively, and when it happens that any
tutor dative, after letters of confirmation have been granted to him, dies or becomes incapacitated or is removed in
manner aforesaid, then and in every such case proceedings for the appointment of a tutor dative in place of the
person so dying or becoming incapacitated or removed shall be taken by the Master in like manner and in all
respects as is provided by section seventy-four.
78 Revocation of letters of confirmation
(1) Letters of confirmation granted to any person as tutor testamentary or as curator nominate of the estate of
any minor shall be at all times subject to be revoked and annulled by the High Court or any judge thereof, on
proof to the satisfaction of the High Court or judge that the will or deed in respect of which such letters have been
granted to such person is null or has been revoked either wholly or in so far as relates to the appointment of such
tutor or curator.
(2) Letters of confirmation granted to any person as tutor dative shall be at all times subject to be revoked or
annulled by the Master, on production to him of any valid will or deed by which any other person who is then
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