(3) A marriage contracted according to customary law shall be regarded as a valid marriage for the purposes of this Part notwithstanding that it has not been solemnized in terms of the Customary Marriages Act [Chapter 5:07], and any reference in this Part to a spouse shall be construed accordingly: Provided that such a marriage shall not be regarded as valid for the purposes of this Part if, when it was contracted, either of the parties was married to someone else in accordance with the Marriage Act [Chapter 5:11] or the law of a foreign country under which persons are not permitted to have more than one spouse. (4) A marriage contracted according to the Marriage Act [Chapter 5:11] or the law of a foreign country under which persons are not permitted to have more than one spouse shall be regarded as a valid marriage for the purposes of this Part even if, when it was contracted, either of the parties was married to someone else in accordance with customary law, whether or not that customary law marriage was solemnised in terms of the Customary Marriages Act [Chapter 5:07]: Provided that, for the purposes of this Part, the first-mentioned marriage shall be regarded as a customary-law marriage. 68A Application of Part IIIA (1) Subject to subsection (2), this Part shall apply to the estate of any person to whom customary law applied at the date of his death. (2) This Part, other than section sixty-eight C, shall not apply to any part of an estate that is disposed of by will. 68B Appointment of executor (1) Upon the death of a person referred to in subsection (1) of section sixty-eight A, the Master shall summon the deceased person’s family, or such members of the family as are readily available, for the purpose of appointing a person to be the executor of the deceased person’s estate. (2) The Master, with the concurrence of the relatives present at a meeting summoned in terms of subsection (1), shall appoint a person to be the executor of the estate of the deceased person referred to in that subsection: Provided that- (i) if the relatives are unable to agree upon a person to be appointed as executor, the Master shall appoint a person as provided in section twenty-six, which section shall apply, mutatis mutandis, in relation to any such appointment; (ii) no person shall be appointed as executor under this subsection unless he is (a) registered under the Estate Administrators Act [Chapter 27:20]; or (b) a member of the deceased person’s family. [Proviso (ii) inserted by section 68 of Act 16 of 1998.] (3) The heir of the deceased person concerned shall be eligible for appointment as executor in terms of subsection (2), if the deceased person’s relatives present at a meeting summoned in terms of subsection (1) agree on his appointment. (4) Subject to this Part, an executor appointed in terms of subsection (2) shall be responsible for— (a) discharging the claims of creditors against the estate of the deceased person concerned; and (b) administering and safeguarding the estate of the deceased person concerned, pending its distribution in terms of this Part. (5) In the exercise of his responsibilities in terms of subsection (4), an executor shall have such of an executor’s powers under this Act, and shall be subject to such of an executor’s duties, as may be prescribed or as the Master may confer or impose on him. 68C Inheritance of customary articles by heir Upon the death of a person referred to in subsection (1) of section sixty-eight A, his heir shall inherit the person’s name and tsvimbo or intonga and any traditional articles which, under customary law, pass to his heir on the person’s death. 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