Administration Of Estates - Preliminary (Ss 1-3)

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Preliminary (ss 1-3)

[Ch3101s1]1. Short title

(1) This Act may be cited as the Administration of

Estates Act.

[Ch3101s2]2. Interpretation

In this Act, unless the context otherwise


"absentee" means any person of

whom the Master, after enquiry, believes that his whereabouts are unknown and

that he has no legal representative in Botswana;

"appraiser" means a person

appointed or deemed to have been appointed under section 9;

"commissioner of oaths" means any

person who is a commissioner of oaths under the Commissioner of Cap. 05:03 Oaths


"court" means the High Court of


"letters of administration" includes

any document issued or a copy of such document duly certified by any competent

authority in any country, from which it appears that any person named or

designated therein has the authority to administer for the benefit, in whole or

in part, of any other person, any property given under the control of such

first mentioned person by a deceased person to be so administered;

"Master" means the Master of the

High Court;

"mental patient" means a person

who is the subject of a reception order made under the Cap. 63:02 Mental

Disorders Act, or who is confined under the provisions of Part XII of the Cap. 08:02 Criminal

Procedure and Evidence Act, or any other person who, by reason of mental

disorder or defect, is incapable of managing his own affairs;

"person under curatorship"

includes any person whose property has been placed under the care of a curator;

"property" means all property

whether movable or immovable and includes rights and any contingent interest in


"Registrar of Deeds" means the

person appointed as Registrar of Deeds under the Cap. 33:02 Deeds Registry Act;

"tribesman" means a member of a

tribe or tribal community of Botswana or a member of a tribe or similar group

of any other country in Africa prescribed for the purposes of this Act;

"tribal community" means any

community which is living outside a tribal territory but is organized in a

tribal manner;

"will" includes a codicil and

every kind of testamentary writing.

[Ch3101s3]3. Limits of application of Act

This Act shall not apply-

(a) to the

estates of deceased tribesmen, which as heretofore, shall be administered

according to the customary law:

Provided that whenever a tribesman dies

after the commencement of this Act leaving a will valid in accordance with the Cap. 31:04 Wills Act, this Act shall, notwithstanding

any partial intestacy, apply as far as may be to the administration of the

whole of his estate; and for the purpose of such application informal

testamentary instructions in accordance with any written law relating to

customary succession, given by the deceased shall be deemed, in so far as they

are not inconsistent with the will, to be part of the will;

(b) to the

property of any person belonging to and serving with any visiting forces who

dies within Botswana while on service with those forces, unless it is shown to

the satisfaction of the court or the Master that for the preservation or due

administration of that property it is expedient that it should be dealt with

under this Act.