Chapter 6:01
ADMINISTRATION OF ESTATES
and all such moneys shall be held by the Master in the Guardian’s Fund for account of the rightful owners.
subsection (4) shall indicate in relation to each account—
(a) the full names of the depositor and, if he at any time furnished
any registration particulars, such particulars; and
(b) the last-known address of the depositor; and
(c) the amount standing to the credit of the depositor; and
(d) any reference number relating to such account, including any
past reference number.
(6) Subject to any other law, a deposit-receiving institution shall be
entitled to destroy its records relating to any account referred to in a
statement forwarded in terms of subsection (4) after a period of five
years has elapsed from the date the money in that account was
forwarded to the Master.
101 Banking of moneys in Guardian’s Fund
All moneys paid to the Master under any law, for the purpose of
being placed to the credit of the Guardian’s Fund, shall be paid into
an account with a commercial bank registered under the Banking Act
[Chapter 24:201] and the Master may withdraw any part of such
moneys by cheques or drafts signed by himself and drawn in
accordance with regulations made in terms of section one hundred
and thirty-two.
[Section amended by s. 82 of Act 9/1999.]
Commented [BB1]: Amendments to this section by
s. 4 of Act 6/1997 have NOT been incorporated. There
is a small problem. Section 4 repeals subsection (1) –
but not subsection (2) – and substitutes new (1), (2)
and (3). It is not clear to me whether the old (2) should
be preserved or jettisoned.
102 Payment to persons entitled to money
(1)
credit of any person or of any estate to the person by law entitled to
demand and receive the same and also pay to any tutor or curator of
any minor, mentally disordered or defective person or absent
(1) Subject to this section, the Master shall pay any sum of money
standing to the credit of any person or estate in the Guardian’s Fund
to the person entitled by law to receive the money.
(2) Where any sum of money in the Guardian’s Fund is standing to
the credit of a minor, a mentally disordered or intellectually
handicapped person, an absent person or to any estate, the Master
may pay the tutor, curator or administrator of that minor, person or
estate, as the case may be, such amount as the tutor, curator or
administrator is by law authorized or required to expend in relation to
the minor, person or estate concerned:
Provided that, if the Master is satisfied that the tutor, curator or
administrator will invest and apply the money in the best interests of
the minor, person of estate concerned, the Master may pay him the
whole sum standing to the credit of the minor, person or estate
concerned, subject to such conditions as the Master thinks fit to
impose relating to the investment and application of the money and
the submission of accounts and reports by the tutor, curator or
administrator.
(3) If a tutor, curator or administrator to whom any money has
been paid in terms of the proviso to subsection (2) fails to comply
September 2000-09-27
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