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.
1 Amends section 1 of the Administration of Estates Act 66 of 1965 , as follows: paragraph (a) deletes the definitions of 'banking institution' and 'building society'; paragraph (b) inserts the definition of 'bank'; paragraph (c) substitutes the definition of 'Court'; paragraph (d) substitutes the definition of 'Master'; and paragraph (e) inserts the definition of 'office'.
2 and 3 Substitute respectively sections 2 and 3 of the Administration of Estates Act 66 of 1965.
5 Amends section 12 of the Administration of Estates Act 66 of 1965 , as follows: paragraph (a) substitutes subsection (5); and paragraph (b) substitutes subsection (7).
6 Amends section 14 (1) of the Administration of Estates Act 66 of 1965 by substituting the words preceding paragraph (a).
7 Amends section 15 (1) of the Administration of Estates Act 66 of 1965 by substituting the words preceding paragraph (a).
8 Amends section 21 of the Administration of Estates Act 66 of 1965 by substituting the words preceding the proviso.
9 Amends section 28 of the Administration of Estates Act 66 of 1965 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsection (2); paragraph (c) substitutes subsection (3); and paragraph (d) substitutes subsection (5).
10 Amends section 34 (1) of the Administration of Estates Act 66 of 1965 by substituting paragraph (a).
11 Substitutes section 48 of the Administration of Estates Act 66 of 1965.
12 Amends section 54 (1) (b) of the Administration of Estates Act 66 of 1965 by substituting subparagraph (iii).
13 and 14 Substitute respectively sections 87 and 91 of the Administration of Estates Act 66 of 1965.
ADMINISTRATION OF ESTATES LAWS INTERIM RATIONALISATION ACT 2 Page 2 of 5 15 Amends section 93 of the Administration of Estates Act 66 of 1965 by substituting subsection (1).
16 Amends section 96 (1) of the Administration of Estates Act 66 of 1965 by substituting paragraph (a).
17 Amends section 102 (1) of the Administration of Estates Act 66 of 1965 , as follows: paragraph (a) substitutes paragraph (e) ; and paragraph (b) substitutes paragraphs (i), (ii), (iii), (iv) and (v).
18 Amends section 103 of the Administration of Estates Act 66 of 1965 by substituting subsections (2) and (3).
19 Amends section 105 (3) of the Administration of Estates Act 66 of 1965 by substituting paragraph (c).
The principal Act shall, from the date of commencement of this Act, apply throughout the Republic.
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.
any office of a Master which, immediately 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 Act: Provided that the Minister may direct that any such office shall be converted into, and function as, a sub-office of the office of a Master of a High Court designated by the Minister.
The Minister may direct that any person who, at the commencement of this Act, holds office or is deemed to hold office as 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 the 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.
Notwithstanding Chapter V of the principal Act, the Minister may direct that a Master of a High Court shall, for such period as the Minister may determine, exercise the powers, perform the functions and carry out 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 to the control, direction and supervision of another Master of a High Court designated by the Minister.
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).
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.
ADMINISTRATION OF ESTATES LAWS INTERIM RATIONALISATION ACT 2 Page 4 of 5 shall, unless inconsistent with the context or otherwise clearly inappropriate, be construed as a reference to a Master, Deputy Master or Assistant Master of a High Court.
This Act is called the Administration of Estates Laws Interim Rationalisation Act, 2001.
Estates Act, 1965 (Act 66 of 1965).'.