• Administration of Estates Act, 1965 (Act No. 66 of 1965)
  • Act
  • Preliminary
    • 1. Definitions
  • Chapter I: Administrative Provisions
    • 2. Appointment of Masters, Deputy and Assistant Masters
    • 2A. Designation by Minister of service points and posts of persons to exercise functions on
    • 3. Master's office at seat of High Court
    • 4. Jurisdiction of Masters
    • 5. Records of Master's office, etc.
    • 6. Appraisers for the valuation of property
  • Chapter II: Deceased Estates
    • 7. Death notices
    • 8. Transmission,  delivery of wills to Master, registration thereof
    • 9. Inventories
    • 10. Repealed
    • 11. Temporary custody of property in deceased estates
    • 12. Appointment of interim curator
    • 13. Deceased estates not to be liquidated or distributed without letters of executorship or direction by Master
    • 14. Letters of executorship to executors testamentary
    • 15. Endorsement of appointment, assumed executors on letters of executorship
    • 16.  Letters of executorship and endorsements to or in favour of corporations
    • 17. Repealed
    • 18.  Proceedings on failure of nomination of executors or on death, incapacity or refusal to act, etc.
    • 19  Competition for office of executor
    • 20.  Application of section 21 to foreign letters of executorship
    • 21  Sealing and signing of letters granted in a State
    • 22  The Master may refuse to grant, endorse or sign seal letters of executorship in certain cases
    • 23  Security for liquidation and distribution
    • 24  Reduction of security given by executors
    • 25  Estates of persons upon death not resident in Republic and do not own any property other than movable property in the Republic
    • 26  Executor charged with custody, control of property in estate
    • 27 Inventories by executors and valuation at instance of Master
    • 28 Banking accounts
    • 29 Notice by executors to lodge claims
    • 30 Restriction on sale, execution of property, deceased estates
    • 31 Late claims
    • 32  Disputed claims
    • 33  Rejected claims
    • 34. Insolvent deceased estates
    • 35. Liquidation and distribution accounts
    • 36. Failure by executor to lodge account or to perform duties
    • 37. Massed estates
    • 38. Taking over by surviving spouse of estate or portion thereof
    • 39. Registration of immovable property in deceased estate
    • 40. Endorsement of testamentary trusts against title deeds and bonds
    • 41. Production of title deed or bond to executor
    • 42. Documents, lodged by executor with registration officer
    • 43. Movable property to which minors and moneys to which absentees or persons under curatorship are entitled
    • 44. Movable property to which minor or unborn heir is entitled subject to usufructuary or fiduciary rights or other like interests
    • 45. Payment of moneys to minors or persons under curatorship domiciled outside the Republic
    • 46. Failure to pay over moneys
    • 47. Sales by executor
    • 48. Extension of time and compounding of debts
    • 49. Purchases by executor of property... mortgaged or pledged to the deceased
    • 50. Executor making wrong distribution
    • 51. Remuneration of executors and interim curators
    • 52. No substitution or surrogation
    • 53. Absence of executor from Republic
    • 54. Removal from office of executor
    • 55. Continuance of pending legal proceedings by remaining or new executor
    • 56. Discharge of executors, and proceedings against discharged executors
  • Chapter IV:Tutors and Curators
    • 71. Certain persons not to administer property as tutor or curator without letters of tutorship or curatorship
    • 72. Letters of tutorship and curatorship to tutors and curators nominate and endorsement in case of assumed tutors and curators
    • 73. Proceedings on failure of nomination of tutors or curators, or on death, incapacity or refusal to act, etc.
    • 74. Foreign letters of tutorship or curatorship
    • 75. Notifications in respect of tutors and curators
    • 76. Authority conferred by letters of tutorship and curatorship
    • 77. Security by tutors and curators
    • 78. Inventories by tutors and curators
    • 79. Returns by Masters to registration officers of immovable property...
    • 80. Restriction on alienation or mortgage of immovable property...
    • 81. Purchase by tutor or curator of property administered by him
    • 82. Payment to Master of certain moneys
    • 83. Accounts by tutors and curators
    • 84. Remuneration of tutors and curators
    • 85. Application of certain sections to tutors and curators
  • Chapter V:The Guardian's Fund
    • 86. Existing guardian's fund to continue
    • 87. Moneys in guardian's fund to be deposits for purposes of Act 45 of 1984
    • 88. Interest on certain moneys in guardian's fund
    • 89. Payments from guardian's fund
    • 90. Payments to natural guardians, tutors and curators, or for and on behalf of miners and persons under curatorship
    • 90A Payment to usufructuary or fiduciary or to his tutor or curator
    • 91. Publication of list of unclaimed moneys
    • 92. Forfeiture to State of moneys unclaimed for thirty years
    • 93. Statements of certain unclaimed moneys to be published, and amounts unclaimed to be paid into guardian's fund
  • Chapter VI:Miscellaneous Provisions
    • 94. Consent of Master to sub-division of immovable property on behalf of minor or unborn heir
    • 95. Review of Master's appointments, etc.
    • 96. Proceedings by Master
    • 96A. Powers, duties and functions of Chief Master
    • 97. Master's costs
    • 98. Recovery of costs ordered to be paid... by executor, etc.
    • 99. Master incapacitated from being executor, etc.
    • 100. Exemption from liability for acts or omissions in Master's office
    • 101. Evidence
    • 102. Penalties
    • 103. Regulations
    • 104. Application of Act
    • 105. Repeal of laws, and savings
    • 106. Re-instatement for certain purposes of the provisions which were contained in sub-section (2) of section (2) of section 5 of Act 24 of 1913 prior to its substitution in terms of section 16 of Act 68 of 1957 
    • 107. Amends section 62 of the Mental Disorders Act
    • 109. Short title and commencement
  • Schedule
    • Laws Repealed
• Regulations
  • Regulations in terms of Section 103 of the Administration of Estates Act, 1965
    • Notice No. R. 473 of 1972
    • 1. Definitions
    • 2. Notice of Death
    • 3. Inventory
    • 4. Affidavit in Terms of Section 25 of the Act
    • 5. Liquidation and Distribution Account
    • 6. Extension of Period for Lodgment of Account
    • 7. Accounts by Tutors and Curators
    • 8. Tariff of Remuneration of Executors, Interim Curators, Tutors and Curators
    • 9. to 12. Tariff of Remuneration and Allowances Payable to Appraisers
    • 13. to 15. Statements of Certain Unclaimed Moneys
    • 16. Master's Fees
    • 17. Repeal of Regulations
    • Schedules
      • Schedule 1: Forms
      • Schedule 2: Tariff of Master's Fees