60 Court may grant its consent to alienation or mortgage of property subject to certain
restrictions
Whenever under a will or other instrument any unborn person will be entitled to any interest in immovable
property which is subject to any restriction imposed by such will or other instrument, the High Court may grant its
consent on behalf of any such unborn person, whether already conceived or not, to the alienation or mortgage of
such property as if such unborn person were a minor in esse.
61 Duties of surviving spouse appointed executor testamentary
Every surviving spouse who has been appointed executor testamentary of his or her deceased spouse shall, so
soon as the estate of the deceased has been administered and an account thereof framed according to law—
(a) secure the inheritances ascertained by the said account to be due to the minor children or descendants of
the deceased spouse in such manner as the deceased spouse has directed or failing such direction by
deed of kinder-bewys in customary form; or
(b) pay the said inheritance into the hands of the Master.
62 Revision of accounts
The Master may, upon any administration and distribution account being tendered, require proof that section
fifty-eight and sixty-one have been duly complied with and may refuse to accept or file such account until he is
satisfied.
63 Particulars to be sent to Registrar of Deeds
The Master shall from time to time furnish the Registrar of Deeds with a return giving the name of every
person married in community of property with regard to whom or to whose estate an inventory has been filed,
showing that such person had at the time of his or her death an interest in any immovable property registered in
the name of his or her surviving spouse. Such return shall embody all material information respecting such
property, and the interest therein, of the deceased which is contained in the inventory lodged with the Master and
in the will, if any, of the deceased.
64 State, Master and Registrar exempt from liability in certain cases
No omission to render any such return as is by section sixty-three required, no rendering of an incomplete
return and no transfer of a mortgage bond bona fide passed before the Registrar of Deeds against section fiftyseven, and no error or omission in any bond accepted by the Master to secure the inheritances of minor children
and no release from or cancellation of any such bond bona fide made by the Master shall subject the State, the
Master or the Registrar of Deeds to any liability in respect of damage sustained by any person in consequence of
such omission, return, transfer, mortgage, acceptance, release or cancellation.
Estates under $4000
65 When Master may summarily appoint executor dative
(1) In all cases in which it appears from the death notice or inventory filed in respect of the estate of any
deceased person, and from such other information as the Master may call for, that the value of the assets of such
estate does not exceed such amount as the Minister may specify in terms of subsection (2), the Master in the case
of an intestate estate, or in the case of a testate estate in which the executor testamentary may be unable or
unwilling to act, may summarily, and without observance of the usual and customary forms, appoint an executor
dative to administer the estate of such deceased person:
Provided that a person shall not be appointed as an executor dative in terms of this section unless he is
(a) registered under the Estate Administrators Act [Chapter 27:20]; or
(b) a surviving spouse or next of kin of the deceased person concerned.
[Proviso inserted by section 68 of Act 16 of 1998.]
(2) The Minister may, by statutory instrument, specify an amount for the purposes of subsection (1) and may
in like manner revoke or amend any such statutory instrument.
66 Master may fix time for filing claims and account
Any executor appointed as in section sixty-five mentioned shall administer such estate in accordance with the
requirements of this Act:
Provided that the Master may at any time direct that—
(a) such estate is to be administered within a less time than six months;
(b) the advertisement calling upon creditors to file their claims is to be inserted once only in the Gazette and
in any newspaper published and circulating in Zimbabwe, and that all claims are to be filed within a
period, not being less than fourteen days or more than three months, fixed by the Master and notified in
such advertisement;
(c) the administration and distribution account in such estate is to be filed within a period, not being less
than fourteen days, after the last date fixed for the sending in of claims.
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