Administration of Estates Laws Interim Rationalisation Act

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Published: 2001-07-20

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Administration of Estates Laws Interim Rationalisation Act [No. 20 of 2001]
Government Gazette
REPUBLIC OF SOUTH AFRICA
Vol. 433 Cape Town 20 July 2001 No. 22485
THE PRESIDENCY
No. 666 20 July 2001
It is hereby notified that the Acting President has assented to the following Act, which is hereby published for general information:–
No. 20 of 2001: Administration of Estates Law Interim Rationalisation Act, 2001

: No. 22485 GOVERNMENT GAZETTE. 20 JULY 2001
. 4 C I No. 20. 2001 ADhlIKlSTRA’~10h‘ Of; ESTATES LAM’S .~
INTERIhl RATIONALISATION ACT. 2001
GENERAL EXPLANATORY NOTE:
[ ] Words in hold tlpe in square b ackets indicate omissions from existing enactmmts. Words underlined with a solid line indicate insertions in existing enactmcnts.
(English text signed by the Acting President.) (Assented tg 13 July 2001.)
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ACT To amend the Administration of Estates Act, 1965, so as to delete certain definitions, substitute other definitions ,and insert new definitions; and to substitute obsolete references; to make the Administration of Estates Act, 1965, applicable throughout the Republic; to repeal corresponding laws in force in the areas of the former Republics of Transkei, Bophuthatswana, Venda and Ciskei; to amend the Insolvency Act, 1936, so as to alter certain amounts; to amend the Age of Majority Act, 1972, so as to delete an obsolete reference; and to provide for matters connected therewith.
B E IT ENACTED by the Parliament of the Republic of South Africa, as folI0~~s:- Amendment of section 1 of Act 66 of 1965, as amended by section 1 of Act 54 of 1970, section 1 of Act 79 of 1971, section 26 of Act 57 of 1988 and section 1 of Act 49 of 1996 5
1. Section 1 of the Administration of E’jtates Act, 1965 (hereinafter referred to as the
( a ) by the deletion of the definitions of “banking institution” and “building
ID) by the insertion after the definitron of “amraiser” of the following definition: 10
principal Act), is hereby amended-
society”: .. -
‘’ ‘bank’ means a public company registered as a bank in terms of the Banks Act, 1990 (Act No. 94 of 1990):”;
( 0 b\. the substitution for the definition of “Court” of the following definition: - “ ‘Court’ means the [provincial division of the Supreme Court] Hj@ __ Court having jurisdictioll. or any judge thereof [, and includes, 15 whenever a matter in relation to which this expression is used is within the jurisdiction of a local division of the Supreme Court, that local division or any judge thereof]:”;
( d ) by the substitution for the definltion of “Master” of the following definition: “ ‘Master’, in relation tcl any matter, property or estate, means the 20 Master. Deputy Master or Assistant Master of [the Supreme Court] 2 High Court appointed under section [ two] 2, who has jurisdiction in respect of that matter, property or estate;”; and
( c ) by the insertion after the definit on of “Minister” of the following definition: “ ‘office’ includes a sub-otfice r ferred to in section 3(2)(b):”. 25
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Substitution of section 2 ofAct 66 of 1965, as amended by section 2 ofAct 79 of 1971 and section 35 ofi\ct 37 of 1997
2 . Thc i o l l o ~ i n ? scction is hereby sulxtituted for seclion 2 of the principal Act:
“Appointment of hlasters.. Deputy Masters and Assistant Masters
2. ( I ) Subject to [the provisions 011 subsection ( 2 ) and the laws governing the public servicl-. the Minister shall, in respect of the area of jurisdiction of each [provincial division of the Supreme Court] Court. appoint a Master of ihe [Supreme Court] High Court, and may, in respec[ of each such area. appoint one or more Deputy Masters of the [Supreme Court] Hizh Court and one or more Assistant Masters of the [Supreme Court] High .- Court, who may, subject to the control, direction and supervision of [he Master, do anything which may lawfully be done by the Master. (]A) The Minister may appoint a person as Master. Deputy Master or
Assistant 34aster i n respect c’f the area of jurisdiction of more than one High court.
(2) No person shall be appointed as Master, Deputy Master or Assistant Master of [the Supreme Court] a High Court unless he or she has passed the diploma iuris examination or an examination deemed by the Minister for the Public Service and Administration to be equivalent thereto, or has before the commencement of this Act held a substantive appointment as a Master or Assistant Master o f the Supreme Court: Provided that whenever a Master. Deputy Master or Assistant Master of [the Supreme Court] 2 High Court is because of absence or for any other reason unable to carry out the functions of his otfice or whenever such office becomes vacant, the Minister may authorize any officer in the public service to act in his - her place during his or her absence or incapacity or to act in the vacant office until the vacancy is filled, as the case may be. [(3) Any person who at the comnlencement of this Act holds office as
Master or Assistant Master of the Supreme Court shall be deemed to have been appointed under this section in respect of’ the area of jurisdiction of the provincial division of the Supreme Court con- cerned.] (4) The 34inister may de1e;;ate any power conferred on him by this
section. to the [Secretary for Justice] Director-General: Justice or a [deputy secretary] deputy d!rector-general in the Department of Justice.”.
Substitution of section 3.of A4ct 66 of 1965, as amended by section 20 of Act iS of 1969
3. The follou ing section is hereby subjtituted for section 3 of the principal Act:
“Master’s office to be at se:at of High Court
3. ( 1 ) Each Master shall. s~~bjec t to subsection ( 2 ) . have [his] E office at the seat of the [provincialdivision of the Supreme Court] High Court in respect of M.hose area of juriidiction he or she has been appointed.
( 2 ) [The Minister may direct that a Deputy Master or an Assistant Master shall have his office at any place specified by the Minister, there to perform, in respect of thc area so specified, such functions as he may lawfully perform under this Act or any other law.] If a person has been appointed as h4aster i n respe!:t of the area of jurisdiction of more than one High Court. the h4inister- ( N / shall specify the seat of [he High Court at which the Master concerned
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shall have an office: an(, (0) may designate one or more places. within the area of jurisdiction in
respect of which that M ~ e r has been appointed. where sub-offices of that hilaster may be esteblished. ( 3 ) The Minister may direct that a person who has been appointed as
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Deputy hlns~er or Assistant :Master shall be the head of a sub-office referred to i n subsection ( 2 ) and he or she shall exercise the powers. perform the functions and carrv out the duties conferred upon. assigned to or imposed upon him or her b!, 01- under this Act or any other law, subject to the control. direction and supenision of the Master of the High Court concerned.”.
Amendment of section 4 ofAct 66 of 1965, as amended by section 1 ofAct 86 of 1983 and section 26 of Act 57 of 1988
4. Section 4 of the principal Act is hereby amended- ( 0 ) by the substitution in subsection (1) for paragraph (a) of the following
paragraph: “(a) in the case of a deceased person who was, at the date of his
death, ordinarily resident within the area of jurisdiction of a [provincial division of the Supreme Court] High Court, with the Master appointed in respect ‘of that area; and”; and
(h ) by the substitution in subsection (2) for paragraph (a) of the following
“ ( a ) in the case of any sulzh person who is ordinarily resident within the area of jurisdiction of a [provincial division of the Supreme Court] High Court, with the Master appointed in respect of that area: and”.
paragraph:
Amendment of section 12 of Act 66 of 1965, as amended by section 3 of Act 54 of 1970, section 1 of Act 63 of 1990 and section 1 of Act 49 of 1996
5. Section 12 of the principal Act is hlxeby amended- (a) by the substitution for subsectlon (5) of the following subsection:
“ ( 5 ) The reference in section [47(1)] 118( 1) of the Liquor Act. [1928 (Act No. 30 of 1928)J 1989 (Act No. 27 of 1989), to a curator, shall include a reference to an interim curator appointed under subsection (1). who has under subsection (3) been authorized to carry on the business of the licensee or person referred to in the said sections.”; and
(h ) by the substitution for subsection (7) of the following subsection: “ ( 7 ) [The provisions of sub-sections (3), (4) and (5) of section
twentythree, sections twenty-six, twenty-eight, thirty-six, forty-six,] Sections 23(3), (4) and (5). 26. 28, 36. 46 and [sub-paragraph (ii) of paragraph (b) of sub-section (1) of sectionfifty-four] 54(l)(b)(ii) shall [mutatis muta~zdis] with ]:he necessary changes apply with reference to interim curators.”.
Amendment of section 14 of Act 66 of 1965
6. Section 13 o f the principal Act is hereby amended by the substitution in subsection
“The Master shal1,subject to [the provisions of sub-section] subsection ( 2 ) and sections [sixteen, sewrlteelz and fwc?nty-two] 16 and 22, on the written application of an) person u,llo--“.
( I ) for the words preceding paragraph (G) of the following words:
Amendment of section 15 of Act 66 of 1965
7 . Section 15 of the principal Act is hereby amended by the substitution in subsection ( 1 ) for the words preceding paragraph ((7) of the following words:
“The Master shall. subject to [the provisions of sub-section] subsection ( 2 ) and sections [sixteen, seventeen and twenty-tw~o] 16 and 22--“.
Amendment of section 21 of Act 66 of 1965
8. Section 21 of the principal Act is hereby amended by the substitution for the words
“Whenever letters of executorshirl granted in any State and authenticated as provided i n the rules made under section Vorty-three of the Supreme Court Act, 1959 (Act No. 59 of 1959)] 6( I ,(i) of the Rules Board for Courts of Law Act. 1985
preceding the proviso of the folloa.ing uords:
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(Act No. 107 of I %SI. are produced to or lodged M ith the Master by the person in u,hose favour those letters have becsn granted or his duly authorized agent. those letters may. subject to [the provisions of] sections [twenty-two and I twentythree] 22 and 23. be signed by the Master and sealed with his &r seal of office. and such person shall thereupon with respect to the whole estate of the 5 deceased situate in the Republic. for the purposes of this Act be deemed to be an executor lo whom letters of executorship ha\,e been granted by the Master:".
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Amendment of section 28 of Act 66 of 1965, as substituted by section 3 of Act 79 of 1971 and amended by section 7 of Act 86 of 1983
9. Section 28 of the principal Act is hereby mended- (a) by the substitution for subsection ( I ) of the following subsection:
" ( 1) An executor-
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shall. unless the Master otherwise directs, as soon as he or she has in hand moneys in the estate in excess of [RlOO] R1 000, open a cheque account in the name of the state with a [banking IS institution] __ bank i n the Republic and shall deposit therein the moneys which he =;he has in hand and such other moneys as he - she may from time to time receive for the estate: may open a saving account in the name of the estate with a [banking institutiorl or a building society] bank and may transfer 20 thereto so much of the moneys deposited in the account referred to in paragraph (a) as i\, not immediately required for the payment of an); claim against thc estate; may place so much of the moneys deposited in the account referred to in paragraph (a) as is not immediately required for the payment of 25 any claim against the estate on interest-bearing deposit with a [banking institution or a building society] &.";
( 6 ) by the substitution for subsection (2) of the following subsection: " ( 2 ) Every executor shall whenever required by the Master to do so.
notify the Master in writmg of the [banking institution or building 30 society] bank and the office or branch thereof with which he -e has opened an account referrrd to in subsection (1 j. and furnish the Master with a bank statement or other sufficient evidence of the position of the account.":
I C ) by the substitution for subsection (3) of the following subsection: 35 "(3) No executor who in compliance with a request of the Master
under subsection (2). has notified the Master of the office or branch of the [banking institution or bnilding society] !x& with which he orshe has opened an account referred to in subsection ( 1 ) shall transfer any such account from any such office or branch t o any other such office or branch. 40 except after nrritten notice. to the Master."; and
id) by the substitution for subsection (5) of the following subsection: " ( 5 ) The Master and any surety of the executor shall have the same
right to information in regxd to any such account as the executor himself or herself possesses. and may examine all vouchers in relation thereto. 45 whether in the hands of t:\e [banking institution or building society] bank or of the executor.".
Amendment of section 31 of .4ct 66 of 1965, as substituted by section 10 of Act 86 of 1983 and amended by section 3 of Act 12 of 1984
10. Section 34 of the principal Act is hereby amended by the substitution i n subsection SO ( I j for paragraph ( 0 ) of the following paragraph:
" ( a ) no creditor v\lhose claim amoun[s to less than [RlOO] R1 000 shall be reckoned in number;".
Substitution of section 48 of Act 66 of k965
11. The following section is hereby substituted for section 48 of the principal Act: SS
“Extension of time and compounding of debts
48. An executor may accept from a debtor of the deceased estate who is unablc to pay his debt in full. an!’ reasonable part of the debt in discharge of the whole deb1 or granl. any debtor of the deceased estate an extension of time for the p,ayment (of his or her debt in so far as this is 5 compatible with [the provisions of] section [thirty-five] 3 5 : Provided that if the debt exceeds [two hundred rand] R2 000. an executor shall, subject 10 the terms of the will (if any) of the deceased, not accept a part of the debt in discharge of the whole debt, unless he o r she has been authorized to do so by the h4aster.’’. 10
Amendment of section 54 of Act 66 of 1965, as amended by section 16 of Act 86 of 1983 and section 13 of Act 43 of 1992
12. Section 54 of the principal Act is hereby amended by the substitution in subsection
“ ( i i i ) if he orshe is convicted. in the Republic or elsewhere. of theft, fraud. forgery. 15 ( l ) (b ) for subparagraph (iii) of the following subparagraph:
uttering a forged instrument or perjury, and is sentenced [therefor] to [serve a term ofl imprisonment without the option of a fine, or to a fine exceeding [twenty rand] R2 000; or”.
Substitution of section 87 of Act 66 of 1965, as substituted by section 19 of Act 86 of 1983 20
13. The following section is hereby substituted for section 87 of the principal Act:
“Moneys in guardian’s fund to be deposits for purposes of Act 45 of 1984
87. The moneys in the guardian‘s fund shall be deemed to be deposits for the purposes of the [Public Debt Commissioners Act, 1969 (Act No. 2 of 25 1969)] Public Investment Commissioners Act, 1984 (Act No. 45 of 1984). and the Master may from time to time pay out of any working balance retained at his or her disposal under the said Act, any amounts due and payable out of the said fund ”.
Substitution of section 91 of Act 66 of 1965, as substituted by section 21 of Act 86 of 30 1983 and amended by section 25 of Act 108 of 1991
14. The following section is hereby substituted for section 91 of the principal Act:
“Publication of list of unclaimed moneys
91. The Master shall in thc month #of September of each year cause to be published in the Gaxrfe a list of all amounts of [R100] R l 000 or more in 35 the guardian‘s fund. other than the amounts deposited therein in terms of section 93(3). nhich have been claimable and have remained unclaimed by the persons entitled thereto for a period exceeding one year but not exceeding three years.”.
Amendment of section 93 of Act 66 of 1965, as amended by section 4 of Act 79 of 40 1971, section 22 of Act 86 of 1983, section 5 of Act 63 of 1990 and section 26 of .4ct 108 of 1991
15. Section 93 of the principal Act is hereby amended by the substitution for subsection ( I ) of the follouing subsection:
“ ( 1 ) Elvery person carrying on business in the Republic shall i n the month of 45 January in each year prepare in the prescribed form and publish i n the Gazerre a detailed statement in respect of all amounts of [Itlo] or more which were held by him or her or by any agenl. on his or her behalf in the Republic on the thirty-first day of December of the immediately preceding year and which were not
his e propen) or subject to any valid lien. but at the time of the preparation o f the said statement have remained unclaimed for a period of five years or more by the rightful owners.".
Amendment of section 96 of Act 66 of 1965 as amended by section 26 of Act 57 of 1988
16. Section 96 of the principal Act is hereby amended by the substitution in subsection
" ( a ) institute any civil proceedings in pursuance of [the provisions ofJ this Act, against any executor, tutor, curator or interim curator, in the [division of the Supreme Court] Hieh Court within whose area of jurisdiction the appoint- ment of such executor, tutor; clurator or interim curator was made, whether or not such executor, tutor. curator or interim curator is resident within that area or otherwise subject to the jurisdiction of that [division] High Court; and".
( 1 ) for paragraph ( a ) of the following paragraph:
Amendment of section 102 of Act 66 of 1965, as amended by section 7 of Act 15 of 1978, section 23 of Act 86 of 1983 and section 26 of Act 57 of 1988
17. Section 102 of the principal Act is hereby amended- (a) by the substitution in subsec5on (1) for paragraph (e) of the following
" ( e ) when being interrogated under oath under section [thirty-huo] g, makes. relative to the subject in connection with which he orshe is interrogated. any starement whatever which he or she knows to be false or which he or she does not know or believe to be true; or'.; and
(D) by the substitution in subsection ( 1 ) for paragraphs (i), (ii), (iii), (iv) and (v) of
paragraph:
the following paragraphs. respectively: "(i)
(ii)
( i i i )
(iv)
(1,)
in The case of an offence referred to in paragraph (a), to a fine [not exceeding two thousand rand] or to imprisonment for a period not exceeding seven years [or to both such fine and such imprison- ment]; in the case of an offence referred to in paragraph (bj. (c) , (d) or ( e ) . to a fine [not exceeding one thousand rand] or to imprisonment for a period not exceeding five years [o to both such fine and such imprisonment]; in the case of an offence referred to in paragraph cf) or (g). to a fine [not exceeding two hundred rand] or to imprisonment for a period not exceeding twel\pe months [or to both such fine and such imprisonment]; in the case of an offence referred to in paragraph (h). to a fine [not exceeding one hundred rand] or to imprisonment for a period not exceeding six months [or to both such fine and such imprison- ment]; and in the case of an offence referred to in paragraph (i). to a fine [not exceeding fifty rand] or to imprisonment for aperiod not exceeding three months [or to both such fine and such irnprison- ment].".
Amendment of section 103 of Act 66 of 1965, as amended by section 46 of Act 97 of 1986
18. Section 103 of the principal Acr is hereby amended by the substitution for
"(2) Any regulations made under subsection (1 ) may [prescribe penalties for any contravention thereof or failure to comply therewith not exceeding a fine of fifty rand] provide that any perscln who contravenes such regulations or fails to comply therewith shall be guilty of :!n offence and on conviction be liable to a fine or imprisonment for a period [ofl not exceeding three months.
(3) Any regulations made under section [one hundred and eiglzleen] 118 of the Administration of Estates Act. 191 3 (Act No. 24 of 191 3), shall be deemed to have been made under subsection (l) ." .
subsections ( 2 ) and (3) of the following wbsections. respectively:
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Amendment of section 105 of Act 66 of 1965, as amended by section 9 of Act 54 of 1970 and section 1 of Act 49 of 1996
19. Section 10.5 of the principal Ac,t is hereby amended by the substitution in
" ( c ) who died or dies after the commenccment referred to in paragraph (a) [or (b)] but before the relevant date referred to i,n section 4413) leaving a will in terms of which any minor child of the deceased and such spouse is or u d l when born be entitled to any movable property suhject to usufructuary or fiduciary rights or any other like interest in fa\,our of such spouse,".
subsection (3) for parafraph (cj of the following paragraph:
Extension of application of Act 66 of 1965
20. The principal Act shall. from the date of commencement of this Act, apply throughout the Republic. .
Amendment or repeal of laws, and sa\ings
21. (1) Subject to subsection (2), the laws mentioned in the second column of the Schedule are hereby amended or repealed to the extent indicated in the third column of that Schedule.
(2) Notwithstanding the repeal of the laws referred to in subsection (1)- (i) the liquidation and distribution of the estate of any person who died
before the Commencement of this Act, or any matter relating to the liquidation and distribution of such an estate;
(ii) the administration of the property of any minor or person under curatorship, or any matter relating 10 the administration of such property:
(iii) the administration of any derelict estate, or any matter relating to the administration of such derelict estate; or
(iv) any other matter, regulated by or under any law repealed by subsection ( I ) , which at the date of commencement of this Act has been dmlt with by, under or in terms of any such law, but which has not been concluded, shall in all respects be continued and concluded under such law as if this Act had not been passed; any proclamation, notice, regulation, order, determination, decision, direction or authorisation issued, made, taken, given or granted or any other thing done, under a provision of any law repealed by subsection (l), shall continue to be of force and effect, except in so far as it is inconsistent with the principal Act or any regulation made thereunder, until it is withdrawn, cancelled or repealed by the competent authority, where such withdrawal, cancellation r repeal by any authority was possible before the date of commencement of this Act: any person who, immediately prior to the commencement of this Act and in terms of any law repealed by subsection (1)-
holds office as Master: Deputy Master or Assistant Master of a High Court. shall be deemed to have been appointed as Master. Deputy Master or Assistant Master in terns of I.he corresponding provisions of the principal Act at the place where he or she holds such office: holds office as appraiser, shall be deemed to hold such office in terms of the corresponding provisions of the principal Act. and it shall not be necessary for him or her, if he or she has already taken an oath, to take any further oath under sec7;ion 6(2) of the principal Act; holds office as executor. tutor. curator or interim curator, shall be deemed to hold such office in terms of the corresponding provisions of the principal Act and shall continue t o hold such office until he or she is removed or discharged from that office under such law; or holds any other office, shall be deemed to hold such office in terms of the corresponding provisions of the principal Act and shall continue to hold
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1 6 % < 5 . "-45' GOVERNh.IENT G.4ZETTE. 2 0 JL:LY 200 I ._____
4c l s o . 20. 2001 .4DMINIPTR.4TION OF ESTATES L.4\4'S INTEKIbl R.4Tl('~N.4LlS.ATION :4CT. 2001
such office unt i l the appointment to that office is withdrawn or cancelled by the Minister. the Master having jurisdiction or the person \vho made such appointment or until the matter in respect of which the appointment was made. has been con[.luded: and
idj an)' office of a Master u.hich. ;mmediately prior to the commencement of this Act. was established under. and functioning in accordance with. any law repealed by subsection ( 1 ). shall be deemed to have been established under the corresponding provisions of the principal Act and shall continue to function in accordance with the principal .4ct: Provided that the Minister may direct that any such office shall be conv::rted into. and function as, a sub-office of the office of a Master of a High Court designated by the Minister.
(3) The Minister may direct that any person who. at the commencement of this Act. holds office or is deemed to hold office a\; Master. Deputy Master or Assistant Master of a High Court in terms of the principal Act shall, for such period as the Minister may determine, exercise the powers. perform -:he functions and carry out the duties conferred upon, assigned to or imposed upon him or her by or under the principal Act or any other law. subject to the control. direction and supervision of another Master of a High Court designated by the Minister.
(4) Notwithstanding Chapter V of thr principal Act, the Minister may direct that a Master of a High Court shall. for such peI-iod as the Minister may determine, exercise the powers. perform the functions and cany \)ut the duties in respect of his or her guardian's fund conferred upon, assigned to or imposed upon him or her by or under the principal Act or any other law, subject o the control, direction and supervision of another Master of a High Court designated by the Minister.
( 5 ) The Minister must publish. by notice in the Gazette, any steps taken by him or her in terms of subsection ( 2 ) ( d ) : (3) or (4).
(6) In this section a word or expression to which a meaning has been assigned in the principal Act, bears that meaning unless the context otherwise indicates.
Interpretation of certain references in existing laws and in other documents
22. A reference in any law in force immediately prior to the commencement of this Act or in any document to a Master. Deputy Master or .4ssistant Master of the Supreme Court shall, unless inconsistent with the context or otherwise clearly inappropriate, be construed as a reference to a Master. Depr Ity Master or Assistant Master of a High Court.
Short title and commencement
23. This Act is called the Administration of Estates Laws Interim Rationalisation Act. 200 1
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Act No. 20. 2001 ADMINISTRATION OF ESTATES LAb'S IXTERIhl R.4T101'~ALIS.ATION .ACT. 1001
SCHEDULE
(Section 2 1 :I
o. and year of Act CI So. '23 of 1936
T
;hort title nrolvency A x . 1936
.___--
______- Act No. 66 of 1965 Administratlon of Eslates Act. (Boohuthatcwjana) 1965 Act KO. 66 of 1965 (Venda) Administration of Eslates Act,
I965 Act No. 66 of 1965 (Cishei) Adm1nstration of Estates Act,
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xtent of amendment or repeal r ) Amendment of section 5 2 by le subst~tution for subsection 13) f the following wbsectlon:
"(3) The vote of a creditor shall in no case be reckoned i n number, unless hi cialm is of the value of at least [R100] E.".
7) Amendment of section 55 by le substitution for paragraph ( i j f the following paragraph:
" ( i j Any person who has at any time been convicted (whether in the Republic or elsewhere) of theft. fraud. forgery or uttering a forged document, or per- Jury and has been sen- tenced [therefor] to [serve a term of] Impris- onment without the option of a fine. or to a fine ex- ceeding [ten pounds] R2 000;". -
c ) Amendment of section 78 b> le substitution for subsection ( I ) f the following subsection:
" ( I ) The trustee may accept from a debtor of the insolvent estate who is unable to pay his or her debt in full. any reason- able part of the debt in dis- charge of the whole debt or grant any debtor of the estate an extension of time for the payment of his e debt in so far as this I S compatible with [the provisions of] section [nincfy-orzc] 9 1 : Pro\ lded that if the debt exceeds [RI 0001 R2 000. the trustee shall not accept a part of the debt i n dis- charge of the whole debt. u n - less he orshe has been authorised thereto by the credl- tors of the estate. or I T n o credl. tor has proved a claim against the estate. by the Macter.". The whole
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The whole
The whole
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4cr ho. 57 of 1972