Administration of Estates Act, 1965 (Act No. 66 of 1965)Chapter VI: Miscellaneous Provisions96. Proceedings by Master |
| (1) | Notwithstanding anything contained in any other law, the Chief Master, acting upon the request of a Master or a person designated by him or her, may— |
| (a) | institute civil proceedings in pursuance of this Act, against any executor, tutor, curator, administrator or interim executor or curator, in the High Court within whose area of jurisdiction the appointment of such executor, tutor, curator, administrator or interim executor or curator was made, whether or not such executor, tutor, curator, administrator or interim executor or curator is resident within that area or otherwise subject to the jurisdiction of that High Court; and |
| (b) | in any such proceedings, proceed by way of application or motion and report to the Court in writing the facts upon which he or she relies instead of stating them in an affidavit. |
| (2) | Whenever, in the course of their duties, the Chief Master or a person delegated by him or her, finds it necessary to lay any facts before the Court otherwise than upon formal application or motion, they may do so by way of a report in writing: Provided that the Court may refer any such report back to the Chief Master or the delegated person, and direct them to proceed by way of formal application or motion. |
| (3) | Whenever any difference of opinion upon a question of law arises between the Master and an executor in the distribution of an estate and a person under the age of 18 years has an interest in such decision, the Master and the executor may state a case, in writing, for consideration by a judge in chambers. |
| (4) | The decision of the judge is binding upon the Master and the executor, without prejudice to the rights of other persons interested in the distribution: Provided that the judge may refer the matter to the Court for argument. |
[Section 96 substituted by section 7 of the Judicial Matters Amendment Act 2023, Notice No. 4597, GG50430, dated 3 April 2024]