ADMINISTRATION OF ESTATES ACT
Chapter 6:01
68D Inheritance plan
(1) as soon as possible after the death of a person referred to in
subsection (1) of section sixty-eight A and the discharge or
settlement of any legitimate claims against his estate, his executor
shall draw up a plan providing for such of the following matters as
may be appropriate⎯
(a) the conservation and application of the net estate for the benefit
of the beneficiaries;
(b) the distribution of all or any part of the net estate to the
beneficiaries;
(c) the sale or disposal of any property of the net estate for the
benefit of the beneficiaries;
(d) the maintenance of any beneficiary.
(2) When drawing up a plan in terms of subsection (1), an
executor shall⎯
(a) pay due regard to the principles set out in subsection (2) of
section sixty-eight F, to the extent that they are applicable; and
(b) so far as is practicable, consult the deceased person’s family
and the beneficiaries and endeavour to obtain the beneficiaries’
agreement to it.
68E Consideration and approval of inheritance plan
(1) As soon as possible after drawing up a plan in terms of section
sixty-eight D, an executor shall submit it to the Master for approval.
(2) On receipt of a plan drawn up in terms of sixty-eight D, the
|Master shall take such steps as he considers necessary or
appropriate to satisfy himself that⎯
(a) the executor has consulted all the member of the deceased
person’s family and beneficiaries whom he could with
reasonable diligence have consulted, and has obtained the
beneficiaries’ agreement to the plan; and
(b) the beneficiaries who have agreed to the plan have done so with
full knowledge and understanding of their rights.
(3) If the Master⎯
(a) is satisfied that a plan submitted to him in terms of subsection
(1) has been agreed to by all the beneficiaries concerned or by
such of them as the executor could with reasonable diligence
have consulted, the Master shall approve the plan and authorize
the executor to distribute or administer the estate in accordance
with it;
(b) has reason to believe that the executor has failed to consult a
member of the deceased person’s family or a beneficiary whom
he could with reasonable diligence have consulted, the Master
shall refuse to approve the plan until that family member or
beneficiary has been consulted and, in the case of a beneficiary,
his agreement to the plan has been obtained;
(c) has reason to believe that one or more of the beneficiaries
concerned have not agreed to a plan submitted to him in terms
of subsection (1), the Master shall proceed to determine, in
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