Chapter 6:01 ADMINISTRATION OF ESTATES deceased spouse to be taken over by the survivor at a valuation, to be made by a person appointed in terms of section one hundred and twenty-eight, instead of being realized according to law: Provided that no person having any lawful claim against the estate of such deceased spouse shall be delayed or defeated in obtaining payment of such claim by virtue of anything herein contained. 50 Claims by minors, absent persons and others If any executor in administering and distributing any estate finds that any minor not having a lawful guardian or tutor, or any mentally disordered or defective person not having a lawful curator, or any person absent from Zimbabwe and not having a lawful representative within the same, has any valid right or claim to such estate or any part thereof, such executor shall forthwith transmit to the Master a statement in writing containing the name of such minor, mentally disordered or defective person or absent person and specifying the nature and value of the property to which such minor, mentally disordered or defective person or absent person has such right or claim. 51 Executor to pay to Master money devolving upon minors, mentally disordered or defective persons or absent persons (1) If any executor in administering and distributing any estate finds that any sum of money has devolved upon or become due from such estate to any minor, mentally disordered or defective person or person absent from Zimbabwe, not having a guardian, tutor, curator or lawful representative within the same, such executor shall forthwith pay such money into the hands of the Master: Provided that if the person from whose estate such money has devolved or become due has, by will or deed, directed that the same shall be otherwise dealt with, nothing in this section contained shall be taken to prevent such executor from carrying into effect the provisions of such will or deed. (2) Every executor administering and distributing any intestate estate shall forthwith pay into the hands of the Master any sum of money which has devolved upon or become due from any such estate to any minor or mentally disordered or defective person, and any sum of money which has devolved upon or become due from any such estate to any person absent from Zimbabwe and not having a lawful representative within the same. (Subsection amended (by repeal of proviso) by s. 2 of Act No. 6 of 1997) (3) The Master may receive into the Guardian’s Fund any moneys set aside for annuities or subject to usufructs bequeathed by last will, and any moneys due to any minor child, and interest shall be allowed on any moneys so received by the Master in like manner as is provided in section ninety-eight. (4) Notwithstanding subsections (1) and (2), the Master may permit an executor to pay any sum of money referred to in those subsections into an account at a bank, building society or other September 2000-09-27 25

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