Chapter 6:01
ADMINISTRATION OF ESTATES
92 Payment of moneys to Master
(1) Every tutor dative and every curator dative or curator bonis
shall forthwith pay over to the Master all moneys belonging to the
person or estate under his guardianship so soon as the same are
received by or come into the possession of such tutor or curator
except in so far as the same may be required for the instant payment
of debts due by such estate or for the immediate maintenance of
such person.
(2) If any such tutor or curator, without any lawful and sufficient
excuse, retains and fails to pay over to the Master any such moneys
as it is in subsection (1) directed shall be paid over to the Master,
every such tutor or curator shall be liable to pay to and for the
benefit of the person or estate to whom or which such money
belongs interest on the same at the rate of twelve per centum per
annum for the whole period during which such money is so
improperly retained and is not paid over to the Master.
(3) Such tutor or curator shall be liable to be removed from his
office of tutor or curator by the decree of any competent court if it
appears expedient to such court so to do.
(4) Whenever it comes to the knowledge of the Master that any
such money has been so retained and not paid over to him by any
such tutor or curator, he may forthwith institute an action against
such tutor or curator in order to recover payment thereof and of the
above-mentioned penal interest due thereon.
93 Further payment of moneys to Master
Any tutor testamentary or curator nominate to whom it seems
expedient so to do, except where the person by whom such tutor or
curator has been appointed has directed that the same shall not be
done, may pay over to the Master any money belonging to the
person or estate under the guardianship of such tutor or curator and
which by law such tutor or curator might lend out at interest.
94 Accounts of administration by tutors and curators
(1) Every tutor, either testamentary or dative, and every curator,
either nominate or dative, and every curator bonis shall, on or before
the 15th February in every year, lodge with the Master a just, true
and exact account of his administration of the estate or property
under his guardianship, up to the 31st December preceding, and
also a duplicate or otherwise a fair and true copy of such account.
(2) If any such tutor or curator fails to lodge such account in
manner aforesaid and has no lawful and sufficient excuse for such
failure, it shall be competent for the Master to disallow the whole or
any portion of the fees which such tutor or curator might otherwise
have been entitled to receive in respect of his administration of such
estate during the year preceding the said 31st December.
(3) The survivor of two spouses whom the predeceasing spouse
has by will or other lawful instrument appointed the tutor of his or her
minor children, and the administrator of the joint estate of such
September 2000-09-27
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