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Administration of Estates
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Comprehensive notes on the law of succession - everything you need to prepare and pass your exam.
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TOPIC 13: ADMINISTRATION OF DECEASED ESTATESWhen an estate owner dies, his/her estate is subjected to a legal
process called the administration (or winding-up) of the deceased
estate
- Administration of deceased estate is largely a statutory
process – it is a process governed and regulated by statute,
the Administration of Estates Act.
- Administration of deceased estate = winding up of a deceased
estate.
Administration is a statutory process:
it is regulated by the Administration of Estates Act 66 of 1965
- it remains the act that provides the regulatory framework for
the administration of the deceased estate.
Two important functionaries are involved in the administration
process:
- when one considers the administration process, there are
two important functionaries involved in the process:
the Master of the High Court
o position of chief master: ‘CEO of all masters’ and one of
the important functions of chief masters – they can
issue directives to the other masters regarding
trusts/deceased estates/insolvent estates (regulate
what the masters do).
o These directives provide guidance and sometimes firm
instructions to the various masters offices on how they
should engage with particular issues.
the executor of the deceased estate
1
, o actively involved in the administration process.
1 THE MASTER OF THE HIGH COURT
Each High Court in South Africa has a Master’s office
The Master and his/her staff at each Master’s office attend to a
number of legal and administrative functions regarding deceased
estates, trusts, insolvent estates, curatorship, etc
- the functions of the master and the personnel in a master’s
office = legal administrative functions regarding a variety of
issues.
- Deceased estates, trusts, insolvent estates, curatorship – the
master in terms of the Administration of Estates Act has
certain functions and roles to fulfil in terms of those matters.
- Example: Trust Property Control Act – the trustee must lodge
the trust instrument with the master, the master must
authorise the trustee in writing, the master can remove a
trustee from office in certain circumstances.
The Master’s functions regarding the administration of deceased
estates:
supervision of the administration process and the activities
of executors
- the master has a supervisory role in respect of the
administration of the deceased estate – the master supervises
the activities of executors, who administers estates within
that master’s jurisdiction.
- Go to the master firstly, if you are dissatisfied with the
activities of the executor of a deceased estate – master will
assist.
advisory and other administrative functions in regard to the
administration process
2
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