This is the version of this Act as it was from 23 March 2001 to 19 July 2001. Read the latest available version.
Administration of Estates Act, 1965
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South Africa
Administration of Estates Act, 1965
Act 66 of 1965
- Published in Government Gazette 1128 on 4 June 1965
- Assented to on 21 May 1965
- Commenced on 2 October 1967 by Administration of Estates Act, 1965: Commencement
- Note: Commencement of the whole Act, except Chapter III.
- [This is the version of this document as it was from 23 March 2001 to 19 July 2001.]
- [Amended by General Law Amendment Act, 1967 (Act 102 of 1967) on 21 June 1967]
- [Amended by Establishment of the Northern Cape Division of the Supreme Court of South Africa Act, 1969 (Act 15 of 1969) on 1 May 1969]
- [Amended by Administration of Estates Amendment Act, 1971 (Act 79 of 1971) on 14 July 1971]
- [Amended by Administration of Estates Amendment Act, 1970 (Act 54 of 1970) on 1 April 1972]
- [Amended by General Law Amendment Act, 1975 (Act 57 of 1975) on 20 June 1975]
- [Amended by Administration of Estates Amendment Act, 1978 (Act 15 of 1978) on 15 March 1978]
- [Amended by Divorce Act, 1979 (Act 70 of 1979) on 1 July 1979]
- [Amended by Administration of Estates Amendment Act, 1981 (Act 90 of 1981) on 28 October 1981]
- [Amended by Administration of Estates Amendment Act, 1983 (Act 86 of 1983) on 6 July 1983]
- [Amended by Administration of Estates Amendment Act, 1984 (Act 12 of 1984) on 7 March 1984]
- [Amended by Administration of Estates Amendment Act, 1983 (Act 86 of 1983) on 4 November 1985]
- [Amended by Administration of Estates Amendment Act, 1984 (Act 12 of 1984) on 4 November 1985]
- [Amended by Administration of Estates Amendment Act, 1986 (Act 35 of 1986) on 23 April 1986]
- [Amended by Transfer of Powers and Duties of the State President Act, 1986 (Act 97 of 1986) on 3 October 1986]
- [Amended by Administration of Estates Amendment Proclamation, 1987 (Proclamation R57 of 1987) on 1 April 1987]
- [Amended by Trust Property Control Act, 1988 (Act 57 of 1988) on 31 March 1989]
- [Amended by Administration of Estates Amendment Act, 1990 (Act 63 of 1990) on 29 June 1990]
- [Amended by Mentally Ill Persons' Legal Interests Amendment Act, 1990 (Act 108 of 1990) on 13 July 1990]
- [Amended by Abolition of Racially Based Land Measures Act, 1991 (Act 108 of 1991) on 30 June 1991]
- [Amended by Administration of Estates Amendment Act, 1990 (Act 63 of 1990) on 1 July 1991]
- [Amended by General Law Amendment Act, 1992 (Act 139 of 1992) on 7 August 1992]
- [Amended by Law of Succession Amendment Act, 1992 (Act 43 of 1992) on 1 October 1992]
- [Amended by General Law Fourth Amendment Act, 1993 (Act 132 of 1993) on 1 December 1993]
- [Amended by General Law Fifth Amendment Act, 1993 (Act 157 of 1993) on 1 December 1993]
- [Amended by Guardianship Act, 1993 (Act 192 of 1993) on 1 March 1994]
- [Amended by General Law Amendment Act, 1996 (Act 49 of 1996) on 4 October 1996]
- [Amended by Judicial Matters Amendment Act, 1996 (Act 104 of 1996) on 14 February 1997]
- [Amended by Judicial Matters Amendment Act, 1999 (Act 26 of 1999) on 28 April 1999]
- [Amended by Public Service Laws Amendment Act, 1997 (Act 47 of 1997) on 1 July 1999]
- [Amended by Judicial Matters Amendment Act, 2000 (Act 62 of 2000) on 23 March 2001]
Preliminary
1. Definitions
Chapter I
Administrative provisions
2. Appointment of Masters, Deputy Masters and Assistant Masters
3. Master’s office to be at seat of provincial division of Supreme Court
4. Jurisdiction of Masters
5. Records of Master’s office, etc.
6. Appraisers for the valuation of property
Chapter II
Deceased estates
7. Death notices
8. Transmission or delivery of wills to Master and registration thereof
9. Inventories
12. Appointment of interim curator
13. Deceased estates not to be liquidated or distributed without letters of executorship or direction by Master
No person shall liquidate or distribute the estate of any deceased person, except under letters of executorship granted or signed and sealed under this Act, or under an endorsement made under section fifteen, or in pursuance of a direction by a Master.14. Letters of executorship to executors testamentary
15. Endorsement of appointment of assumed executors on letters of executorship
16. Letters of execuratorship and endorsements to or in favour of corporations
If any person referred to in sub-section (1) of section fourteen or in sub-section (1) of section fifteen is a corporation, the relevant letters of executorship or endorsement, as the case may be, shall be granted or made—17. ***
[section 17 repealed by section 16 of Act 132 of 1993]18. Proceedings on failures of nomination of executors or on death, incapacity or refusal to act, etc.
19. Competition for office of executor
If more than one person is nominated for recommendation to the Master, the Master shall, in making any appointment, give preference to—20. Application of section 21 to foreign letters of executorship
21. Sealing and signing of letters granted in a State
Whenever letters of executorship granted in any State and authenticated as provided in the rules made under section forty-three of the Supreme Court Act, 1959 (Act No. 59 of 1959), are produced to or lodged with the Master by the person in whose favour those letters have been granted or his duly authorised agent, those letters may, subject to the provisions of sections twenty-two and twenty-three, be signed by Master and sealed with his seal of office, and such person shall thereupon with respect to the whole estate of the deceased situate in the Republic, for the purposes of this Act be deemed to be an executor to whom letters of executorship have been granted by the Master: Provided that before any such letters are signed and sealed a duly certified and authenticated copy of the will (if any), of the deceased and an inventory of all property known to belong to him within the Republic shall be lodged with the Master.22. The Masters may refuse to grant, endorse or sign and seal letters of executorship in certain cases
23. Security for liquidation and distribution
24. Reduction of security given by executors
If any executor who has given security to the Master for the proper performance of his functions, has accounted to the satisfaction of the Master for any property, the value of which was taken into consideration when the amount of such security was assessed, the Master may reduce the amount of the security to an amount which would, in his opinion, be sufficient to cover the value of the property which such executor has been appointed to liquidate and distribute, and which has not been so accounted for.25. Estates of persons who upon their death are not resident in the Republic and do not own any property other than movable property in the Republic
26. Executors charged with custody of property in estate
27. Inventories by executors and valuation at instance of Master
28. Banking accounts
29. Notice by executors to lodge claims
30. Restrictions on sale in execution of property in deceased estates
No person charged with the execution of any writ or other process shall—31. Late claims
If any person fails to lodge his claim against any deceased estate before the expiry of the period specified in respect of that estate under sub-section (1) of section twenty-nine, he shall—32. Disputed claims
33. Rejected claims
34. Insolvent deceased estates
35. Liquidation and distribution accounts
36. Failure by executor to lodge account or to perform duties
37. Massed estates
If any two or more persons have by their mutual will massed the whole or any specific portion of their joint estate and disposed of the massed estate or of any portion thereof after the death of the survivor or survivors or the happening of any other event after the death of the first-dying, conferring upon the survivor or survivors any limited interest in respect of any property in the massed estate, then upon the death after the commencement of this Act of the first-dying, adiation by the survivor or survivors shall have the effect of conferring upon the persons in whose favour such disposition was made, such rights in respect of any property forming part of the share of the survivor or survivors of the massed estate as they would by law have possessed under the will if that property had belonged to the first-dying; and the executor shall frame his distribution account accordingly.38. Taking over by surviving spouse of estate or portion thereof
39. Registration of immovable property in deceased estate
40. Endorsement of testamentary trusts against title deeds and bonds
41. Production of title deed or bond to executor
42. Documents to be lodged by executor with registration officer
43. Movable property to which minors and moneys to which absentees or persons under curatorship are entitled
44. Movable property to which minor or unborn heir is entitled subject to usufructuary or fiduciary rights or other like interests
45. Payments of moneys to minors or persons under curatorship domiciled outside the Republic
46. Failure to pay over moneys
Any executor who fails to pay over any money to the Master or to any other person or to deposit it in any banking account under section twenty-eight when required by or under this Act to do so, or who uses or knowingly permits any co-executor to use any property in the estate except for the benefit of the estate, shall pay into the estate an amount equal to double the amount which he has so failed to pay over or to deposit or to double the value of the property so used: Provided that the Master may, on good cause shown, exempt any executor, in whole or in part, from any liability which he may have incurred under this section.47. Sales by executor
Unless it is contrary to the will of the deceased, an executor shall sell property (other than property of a class ordinarily sold through a stockbroker or a bill of exchange or property sold in the ordinary course of any business or undertaking carried on by the executor) in the manner and subject to the conditions which the heirs who have an interest therein approve in writing: Provided that—48. Extension of time and compounding of debts
An executor may accept from a debtor of the deceased estate who is unable to pay his debt in full, any reasonable part of the debt in discharge of the whole debt or grant any debtor of the deceased estate an extension of time for the payment of his debt in so far as this is compatible with the provisions of section thirty-five: Provided that if the debt exceeds two hundred rand, an executor shall, subject to 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 has been authorized to do so by the Master.49. Purchases by executor of property in estate, or mortgaged or pledged to the deceased
50. Executor making wrong distribution
Any executor who makes a distribution otherwise than in accordance with the provisions of section thirty-four or thirty-five, as the case may be, shall—51. Remuneration of executors and interim curators
52. No substitution or surrogation
It shall not be competent for any executor to substitute or surrogate any other person to act in his place.53. Absence of executor from Republic
An executor shall not be absent from the Republic for a period exceeding 60 days unless—54. Removal from office of executor
55. Continuance of pending legal proceedings by remaining or new executor
56. Discharge of executors, and proceedings against discharged executors
Chapter III
***
[chapter III repealed by section 26 of Act 57 of 1988]57. ***
[section 57 repealed by section 26 of Act 57 of 1988]58. ***
[section 58 repealed by section 26 of Act 57 of 1988]59. ***
[section 59 repealed by section 26 of Act 57 of 1988]60. ***
[section 60 repealed by section 26 of Act 57 of 1988]61. ***
[section 61 repealed by section 26 of Act 57 of 1988]62. ***
[section 62 repealed by section 26 of Act 57 of 1988]63. ***
[section 63 repealed by section 26 of Act 57 of 1988]64. ***
[section 64 repealed by section 26 of Act 57 of 1988]65. ***
[section 65 repealed by section 26 of Act 57 of 1988]66. ***
[section 66 repealed by section 26 of Act 57 of 1988]67. ***
[section 67 repealed by section 26 of Act 57 of 1988]68. ***
[section 68 repealed by section 26 of Act 57 of 1988]69. ***
[section 69 repealed by section 26 of Act 57 of 1988]70. ***
[section 70 repealed by section 26 of Act 57 of 1988]Chapter IV
Tutors and curators
71. Certain persons not to administer property as tutor or curator without letters of tutorship or curatorship
72. Letters of tutorship and curatorship to tutors and curators nominate and endorsement in case of assumed tutors and curators
73. Proceedings on failure of nomination of tutors or curators, or on death, incapacity or refusal to act, etc.
74. Foreign letters of tutorship or curatorship
Whenever the provisions of section twenty-one apply, in terms of section twenty, to letters of executorship granted in any State, the said provisions shall mutatis mutandis apply also to letters of tutorship or curatorship so granted.75. Notifications in respect of tutors and curators
The Master shall, whenever he has granted or signed and sealed letters of tutorship or curatorship or has made an endorsement under section seventy-two, to or in favour of any person, and whenever any such person ceases to be a tutor or curator, cause to be published in the Gazette and in one or more newspapers circulating in the district in which the minor or person under curatorship is ordinarily resident, or if he is not so resident in any district in the Republic, in one or more newspapers circulating in the area in which such minor or person owns property, a notice stating that a tutor or curator has been appointed to such minor or person, and specifying the names and addresses of the tutor or curator and of such minor or person, or stating that the tutor or curator has ceased to be a tutor or curator and specifying the names and addresses aforesaid, as the case may be.76. Authority conferred by letters of tutorship and curatorship
77. Security by tutors and curators
78. Inventories by tutors and curators
79. Returns by Masters to registration officers of immovable property included in inventory
80. Restriction on alienation or mortgage of immovable property by natural guardian, tutor or curator
81. Purchase by tutor or curator of property administered by him
If any tutor or curator or the spouse, parent, child, partner, employer, employee or agent of any tutor or curator, purchases any property which he has been appointed to administer, the purchase shall, subject to the terms of any will or written instrument by which he has been nominated, be void, unless it has been consented to or is confirmed by the Court or the Master.82. Payments to Master of certain moneys
Every tutor and curator shall, whenever he receives any money belonging to the minor or other person concerned, from any person other than the Master, forthwith pay the money into the hands of the Master: Provided that the foregoing provisions of this section shall not apply—83. Accounts by tutors and curators
84. Remuneration of tutors and curators
85. Application of certain sections to tutors and curators
Sections 24, 26, 28 and 36, subsection (2) of section 42, sections 46 and 48, subsection (2) of section 49 and sections 52, 53, 54 and 56 shall mutatis mutandis apply with reference to tutors and curators: Provided that any reference in any of the said sections to a will shall, for the purposes of its application under this section, include a reference to any written instrument by which the tutor or curator concerned has been nominated.[section 85 substituted by section 17 of Act 132 of 1993]Chapter V
The guardian’s fund
86. Existing guardian's fund to continue
87. Moneys in guardian's fund to be deposits for purposes of Act 2 of 1969
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 1969), and the Master may from time to time pay out of any working balance retained at his disposal under the said Act, any amounts due and payable out of the said fund.[section 87 substituted by section 19 of Act 86 of 1983]88. Interest on certain money in guardian’s fund
89. Payments from guardian’s fund
The Master shall, upon the application of any person who has become entitled to receive any money out of the guardian’s fund, pay that money to that person.90. Payments to natural guardians, tutors and curators, or for and on behalf of minors and persons under curatorship
90A. Payment to usufructuary or fiduciary or to his tutor or curator
91. Publication of list of unclaimed moneys
The Master shall in the month of September of each year cause to be published in the Gazette a list of all amounts of R100 or more in the guardian’s fund, other than the amounts deposited therein in terms of section 93(3), which have been claimable and have remained unclaimed by the persons entitled thereto for a period exceeding one year but not exceeding three years.[section 91 substituted by section 21 of Act 86 of 1983 and amended by section 25 of Act 108 of 1991]92. Forfeiture to State of moneys unclaimed for thirty years
Any money in the guardian’s fund (whether such money has been paid into the said fund before or after the commencement of this Act) which has remained unclaimed by the person entitled thereto for a period of thirty years as from the date upon which such person became entitled to claim the said money, shall be forfeited to the State.93. Statements of certain unclaimed moneys to be published and amounts unclaimed to be paid into guardian’s fund
Chapter VI
Miscellaneous provisions
94. Consent of Master to sub-division of immovable property on behalf of minor or unborn heir
If the Master is satisfied that it is expedient to partition any immovable property which is registered in the name of any minor or in which any minor has or any unborn heir may acquire any interest, and that the proposed sub-division is fair and equitable, he may, upon such terms as to costs or otherwise as he thinks fit, and subject to the provisions of section 30 of the Deeds Registries Act, 1937 (Act No. 47 of 1937), consent, on behalf of such minor or heir, to the sub-division and to any exchange of property, payment of money or mortgage incidental to the sub-division.[section 94 substituted by section 8 of Act 54 of 1970 and amended by section 1 of Act 49 of 1996]95. Review of Master's appointment etc.
Every appointment by the Master of an executor, tutor, curator or interim curator, and every decision, ruling, order, direction or taxation by the Master under this Act shall be subject to appeal to or review by the Court upon motion at the instance of any person aggrieved thereby, and the Court may on any such appeal or review confirm, set aside or vary the appointment, decision, ruling, order, direction or taxation, as the case may be.[section 95 amended by section 26 of Act 57 of 1988]96. Proceedings by Master
97. Master’s costs
All costs incurred by the Master in the exercise of his powers and the performance of his duties under this Act or in any proceedings in pursuance of the provisions of this Act which cannot be recovered from any other source may, unless the Court has ordered that they be paid by him de bonis propriis, be paid out of the guardian’s fund: Provided that the Minister may specially authorize that any costs ordered to be paid by the Master de bonis propriis be refunded to him or be paid out of the said fund.98. Recovery of costs ordered to be paid de bonis propriis by executor, etc.
Whenever any executor, tutor, curator, interim curator or surety has been ordered to pay de bonis propriis the costs of any proceedings instituted by the Master, the Master may, if he is unable to recover the said costs from any property belonging to the executor, tutor, curator, interim curator or surety, recover them from the property in the deceased estate or the property subject to the administration of the tutor or curator, as the case may be.[section 98 amended by section 26 of Act 57 of 1988]99. Master incapacitated from being executor, etc.
No Master shall in his official capacity be capable of acting as executor, tutor or curator.[section 99 amended by section 26 of Act 57 of 1988]100. Exemption from liability for act or omissions in Master’s office
No act or omission of any Master or of any officer employed in a Master’s office shall render the State or such Master or officer liable for any damage sustained by any person in consequence of such act or omission: Provided that if such act or omission is mala fide or if such Master or officer has, in connection with such act or omission in the course of his duties or functions, not exercised reasonable care and diligence, the State shall be liable for the damage aforesaid.101. Evidence
102. Penalties
103. Regulations
104. Application of Act
105. Repeal of laws, and savings
106. Re-instatement for certain purposes of the provisions which were contained in sub-section (2) of section 5 of Act 24 of 1913 pior to its substitution in terms of section 16 of Act 68 of 1957
For the purposes of the application of sub-section (2) of section one hundred and five in respect of any estate which prior to the substitution effected by section sixteen of the General Law Amendment Act, 1957, was being dealt with under the provisions which prior to such substitution were contained in sub-section (2) of section five of the Administration of Estates Act, 1913, the said provisions shall with effect from the date of commencement of the said section sixteen, be deemed not to have been affected by such substitution.107. Amendment of section 62 of Act 38 of 1916 as amended by section 1 of Act 13 of 1946
Section sixty-two of the Mental Disorders Act, 1916, is hereby amended by the substitution in sub-section (1) for the words “in respect of his property any act or power referred to in section sixty-five or generally to take care of or to administer his property and so to perform and exercise all the acts and powers referred to in the said section” of the words “any particular act in respect of his property or to take care of or administer his property or to carry on any business or undertaking of such person”.108. ***
[section 108 repealed by section 26 of Act 57 of 1988]108A. ***
[section 108A inserted by section 10 of Act 54 of 1970 and repealed by section 1 of Act 49 of 1996]109. Short title and commencement
This Act shall be called the Administration of Estates Act, 1965, and shall come into operation upon a date to be fixed by the State President by proclamation in the Gazette.[section 109 substituted by section 26 of Act 57 of 1988]History of this document
03 April 2024
02 August 2017
20 September 2010
17 February 2009
12 April 2006
11 January 2006
18 June 2004
05 December 2002
20 July 2001
23 March 2001 this version
Amended by
Judicial Matters Amendment Act, 2000
01 July 1999
28 April 1999
14 February 1997
04 October 1996
Amended by
General Law Amendment Act, 1996
Read this version
01 March 1994
Amended by
Guardianship Act, 1993
Read this version
01 December 1993
Amended by
General Law Fourth Amendment Act, 1993
Amended by
General Law Fifth Amendment Act, 1993
Read this version
01 October 1992
07 August 1992
Amended by
General Law Amendment Act, 1992
Read this version
01 July 1991
30 June 1991
13 July 1990
29 June 1990
31 March 1989
01 April 1987
03 October 1986
23 April 1986
04 November 1985
07 March 1984
06 July 1983
28 October 1981
01 July 1979
Amended by
Divorce Act, 1979
Read this version
15 March 1978
20 June 1975
Amended by
General Law Amendment Act, 1975
Read this version
01 April 1972
14 July 1971
02 October 1967
Commenced by
Administration of Estates Act, 1965: Commencement
Note: Commencement of the whole Act, except Chapter III.
21 June 1967
Amended by
General Law Amendment Act, 1967
Read this version
04 June 1965
21 May 1965
Assented to
Cited documents 10
Act 10
1. | Insolvency Act, 1936 | 3911 citations |
2. | Deeds Registries Act, 1937 | 2951 citations |
3. | Supreme Court Act, 1959 | 1538 citations |
4. | Banks Act, 1990 | 890 citations |
5. | Defence Act, 1957 | 549 citations |
6. | Rules Board for Courts of Law Act, 1985 | 207 citations |
7. | Estate Duty Act, 1955 | 92 citations |
8. | Matrimonial Affairs Act, 1953 | 48 citations |
9. | General Law Amendment Act, 1957 | 45 citations |
10. | Public Investment Commissioners Act, 1984 | 39 citations |
Documents citing this one 3227
Gazette 2938
Judgment 276
Act 10
1. | Companies Act, 2008 | 2008 citations |
2. | Income Tax Act, 1962 | 1712 citations |
3. | Pension Funds Act, 1956 | 1599 citations |
4. | Mental Health Care Act, 2002 | 368 citations |
5. | Wills Act, 1953 | 86 citations |
6. | Maintenance of Surviving Spouses Act, 1990 | 46 citations |
7. | KwaZulu-Natal Gaming and Betting Act, 2010 | 3 citations |
8. | Expropriation Act, 2024 | 1 citation |
9. | Gauteng Transport Infrastructure Act, 2001 | 1 citation |
10. | North West Business Licensing Act, 2019 |
Government Notice 2
1. | Registration of Deeds Regulations, 1963 | |
2. | Rules of the Post Office Retirement Fund, 2005 |
Law Reform Report 1
1. | Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142 |