Administration of Estates Act, 1965 (Act No. 66 of 1965)

Chapter II: Deceased Estates

56. Discharge of executors, and proceedings against discharged executors.

Purchase cart Previous page Return to chapter overview Next page

 

1)Upon the completion to the satisfaction of the Master of the liquidation and distribution of a deceased estate, the executor shall, subject to the provisions of section seventeen of the Estate Duty Act, 1955 (Act No. 45 of 1955), be entitled to obtain his discharge from the Master.

 

2)No person shall institute any legal proceedings against any person who has been discharged as executor under sub-section (1), in respect of any claim against the deceased estate or any benefit out of that estate: Provided that the provisions of this sub-section shall not exempt any such person from liability in respect of any fraudulent dealing in connection with the estate or the liquidation or distribution thereof.

 

3)
a)After two years have elapsed as from the date upon which any person has been discharged as an executor, he may, with the consent in writing of the Master, destroy all books and documents in his possession relating to the estate of which he was the executor.
b)Paragraph(a) shall apply also in relation to any deceased estate liquidated and distributed prior to the date of commencement of this Act.