27 Appointment of tutor as executor When it happens that any of the next of kin or creditors or legatees of any deceased person are minors under the guardianship of any tutor duly appointed, then and in every such case such tutor shall be entitled to be preferred to the office of executor dative under section twenty-six, in the same manner in all respects as the minor, whose tutor he is, would, if of full age, have been entitled to be preferred to that office under the said section. 28 Assumption of executor under power contained in will (1) Nothing in this Act shall prevent a testamentary executor from assuming another person as executor under a power conferred on him by the testator in his will or codicil: Provided that no person shall be entitled or qualified to act as assumed executor unless— (a) he is the testator’s surviving spouse or next of kin or is registered in terms of the Estate Administrators Act [Chapter 27:20]; and (b) the Master has granted him letters of administration as such during the lifetime of the testamentary executor. (2) The Master shall grant a person letters of administration as an assumed executor in terms of subsection (1) if the Master is satisfied that the power of assumption under the will or codicil concerned has been properly exercised. (3) Every provision of this Act and any other law relating to executors shall apply to pers ons who are assumed as executors under this section. [Section substituted by section 68 of Act 16 of 1998] 29 Appointment of new executor When by reason of any testamentary or assumed executor whom letters of administration have been granted having died or become incapacitated to act as such, or having been removed from his office by the decree of any competent court or a judge thereof there does not remain for the administration of the estate any executor whatever, or so many executors, either testamentary or assumed, as by the provisions of the will or codicil by which such executors were appointed, or permitted to be assumed, are required to form a quorum of executors, and when it happens that any executor dative, after letters of administration 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 an executor in place of such executor so dying or so becoming incapacitated or removed, shall be taken by the Master in like manner in all respects as provided in section twenty-five, twenty-six and twenty-seven. 29A Disqualification from appointment as executor in certain cases The Master shall not grant letters of administration to a person in terms of section twenty-five, twenty-seven or twenty-nine unless that person 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. [Section inserted by section 68 of Act 16 of 1998.] 30 Revocation of letters of administration (1) Letters of administration granted to any person as testamentary executor shall at all times be subject to be revoked and annulled by the decree of the High Court on the proof to the satisfaction of the High Court that the will or codicil, 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 it relates to the nomination of such executors. (2) Any letters of administration granted to any person as executor dative shall be at all times subject to be revoked and annulled by the Master, on production to him of any will or codicil by which any other person, who is then legally capable and qualified and who consents to act as executor, has been legally nominated testamentary executor to the estate which such executor dative has been appointed to administer. (3) If the non-production of such will or codicil, prior to letters of administration having been granted to the executor dative, has been owing to the fault or negligence of the person therein nominated testamentary executor, such person shall be personally liable for, and may be compelled at the instance of the Master or any person interested, to make good to the estate all expenses which have been incurred in respect of and with reference to the appointment of the executor dative. (4) The Master shall revoke letters of administration granted to a person as executor if the Master is satisfied that (a) when the letters of administration were granted to him, that person was registered under the Estate Administrators Act [Chapter 27:20] and his registration has subsequently been cancelled or suspended in terms of that Act; or (b) in the case of an executor dative, the person is not the surviving spouse or next of kin of the deceased person and, when the letters of administration were granted to him, he was not registered under the Estate Administrators Act [Chapter 27:20] or his registration under that Act was suspended. [Subsection inserted by section 68 of Act 16 of 1998.]