Administration Of Estates - Administration (Ss 4-11)

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=268

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PART II
Administration (ss 4-11)

[Ch3101s4]4. Appointment of Master

The President shall appoint an officer to be

styled the Master of the High Court.

[Ch3101s5]5. Assistant Master

The President may appoint one or more Assistant

Masters to exercise such of the functions of the Master under this Act or any

other law as the Master may from time to time direct.

[Ch3101s6]6. Jurisdiction of Master

All the property and estate of every deceased

person, minor, person under curatorship, or person permanently absent from

Botswana without a lawful representative therein and whose whereabouts are

unknown, shall be administered under the exclusive supervision of the Master.

[Ch3101s7]7 Master to keep registers of executors, etc.

The Master shall cause to be kept-

(a) a

register containing the names of every executor to whom letters of

administration have been granted, and every surety for any executor;

(b) a

register containing the names of every administrator to whom a certificate of

authority has been granted, and every surety for any administrator; and

(c) a

register containing the names of every tutor and curator to whom letters of

confirmation have been granted, and every surety for any such tutor or curator.

[Ch3101s8]8. Records of Master's office

(1) The Master shall preserve a record in his

office of all original wills, death notices, inventories, and liquidation,

administration and distribution accounts lodged at his office under this Act or

any prior law under which any such documents were customarily lodged or were

required to be lodged at the office of the Master:

Provided that when the Master is satisfied that

the administration of any estate or assets subject to his supervision in

accordance with this Act has been finally completed according to law and that

10 years have elapsed since such completion, he may cause to be lodged with the

National Archives and Record Services any file relating to such estate or

assets which has been kept in his office, together with its contents.

(2) Any person may at any time during office hours

inspect any such documents and make or obtain a copy thereof or an extract

therefrom on payment of the fees prescribed in respect thereof by the Second

Schedule:

Provided that any person holding office under the

Government may, in the course of his official duties, take a copy of or an

extract from any such documents without payment of any fee.

(3) Whenever an order for sequestration has, under

any law in force in Botswana for the time being relating to insolvent estates,

been lodged with the Master or the estate of any debtor has been placed under

assignment, in accordance with any law so in force, the Master shall cause the

said registers to be examined and-

(a) if an

insolvent or such a debtor is the executor of an estate not previously

administered, distributed, and finally settled, the Master shall notify the

fact in the Gazette;

(b) if an

insolvent or such a debtor is either a tutor or curator, the Master may take

steps for the appointment of a tutor or curator dative in the place of that

insolvent or debtor;

(c) if an

insolvent or such a debtor is a surety for an executor, tutor or curator, the

Master may by notice require that executor, tutor or curator to find additional

security to his satisfaction within a period specified in such notice.

[Ch3101s9]9. Appointment of appraisers

(1) The Master may from time to time appoint such

persons as he thinks fit to be appraisers for the valuation of property, and

revoke any appointment so made.

(2) Every appraiser shall, in respect of every

appraisement by him, be entitled to demand and receive a reasonable

compensation, which shall be assessed according to a tariff of fees fixed by

regulation, and shall be taxed by the Master.

[Ch3101s10]10. Oath of appraisers, and restriction on action

(1) Every person who is appointed an appraiser

under section 9(1) shall take an oath before the Master or a commissioner of

oaths designated by him that he will appraise all such estates or properties as

may be submitted to his valuation according to the just, proper, and true

valuation thereof and to the best of his skill and knowledge.

(2) Any commissioner of oaths before whom any such

oath has been taken shall forthwith transmit the same to the Master.

(3) No appraiser shall act in connection with any

property in which or in the valuation of which-

(a) he or

his spouse or partner has any pecuniary interest other than his remuneration as

appraiser; or

(b) his

principal or employer or any person related to him within the third degree has

any pecuniary interest.

[Ch3101s11]11. Master's fees

The Master is hereby authorized and required to

charge and to demand, receive and retain, or recover in respect of the acts,

matters or things done or caused to be done by him or in his office, the fees

specified in the tariff contained in the Second Schedule, and every such fee

shall be paid by the means prescribed.