The Administration of Estates Act Number 66/65 in the Republic of South Africa (the Act) deals with administration of deceased estates - including those of foreigners who leave assets upon death.In terms of section 13(1) of the Estates Act No.66/65, no person may deal with assets of a deceased left ...
The Administration of Estates Act Number 66/65 in the Republic of South Africa (the Act) deals with administration of deceased estates - including those of foreigners who leave assets upon death.
In terms of section 13(1) of the Estates Act No.66/65, no person may deal with assets of a deceased left in the Republic whether s/he was ordinarily resident unless authorised by the Master of the High Court in South Africa.
The Letters of Administration received by the first respondent, in Zimbabwe, do not entitle her to deal with the assets of the deceased in South Africa unless she is authorised by the Master of the High Court in that country.
In terms of section 4(1)(b) of the Estates Act No.66/65, any Master to whom an application is made to grant Letters of Executorship or to sign or seal any such letters already granted in respect of an estate has jurisdiction in a foreign estate.
Section 22(2)(c) of the Estates Act No.66/65 states, that, a person who applies for Letters of Appointment issued in another State must lodge a declaration under oath with the Master that issues Letters of Executorship. S/he must state that such have not already been granted or signed and sealed by any other Master in the Republic.
There are special provisions relating to what are known as 'proclaimed' States of which Zimbabwe is one of them.
This is in terms of section 40 of the Administration of Estates Act 24 of 1913.
In terms of section 21 of the Estates Act No.66/65, the Master may, instead of issuing Letters of Executorship for estates of foreigners, merely sign and seal the Letters of Appointment already issued in the foreign State.
The first respondent may therefore follow such a course of action.
