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Regulation 910 of the Attorneys Act
No. R.910.) (22nd May, 1968.REGULATIONS PROHIBITING THE LIQUIDATION OR DISTRIBUTION OF THE ESTATES OF DECEASED PERSONS BY ANY PERSON OTHER THAN AN ATTORNEY, NOTARY, CONVEYANCER OR LAW AGENT.
By virtue of the powers vested in me by section 30 of the Attorneys, Notaries and Conveyancers Admission Act, 1934 (Act No. 23 of 1934), I, Petrus Cornelius Pelser, Minister of Justice, after consultation with the presidents of the several law societies, hereby make the regulations set out in the Schedule hereto.
SCHEDULE
REGULATIONS
1. In these regulations, unless the context otherwise indicates -
- (i) "banking institution" meansa banking institution as defined in section 1 of theBanks Act, 1965 (Act No. 23of 1965), and registered or provisionally registered as a banking institution of a class referred to in that section but does not include a board of executors or trust company which was, on the twenty-seventh day of October, 1967, registered or provisionally registered as such a banking institution;
- (ii) "board of executors" means a board of executors which was, on the twenty-seventh day of October, 1967, licensed as such under the Licences Act, 1962 (Act No. 44 of 1962), and carrying on a business of which a substantial part consisted of the liquidation or distribution of the estates of deceased persons but does not include. such a board of executors in which a banking institution acquired or acquires, after that date, a financial interest otherwise than in exchange or substitution for any such interest held by such banking institution on that date;
- (iii)"financial interest" means any interest in the shares, share capital or assets of a board of executors or trust company by virtue of which any person having such interest is likely, directly or indirectly, to share in any .pecuniary benefit obtained by such board of executors or trust company from the liquidation or distribution of the estates of deceased persons by such board of executors or trust company or by any person in the service of such board of executors or trust company;
- (iv) "liquidate or distribute", in relation to the estate of a deceased person, includes the performance of any act relating to the liquidation or distribution of such estate other than the realization, transfer or valuation of any of the assets of such estate or of any right in or to such assets;
- (v) "Master" means a Master as defined in section 1 of the Administration of Estates Act, 1965 (Act No. 66 of 1965);
- (vi) "trust company" means a trust company which was, on the twenty-seventh day of October, 1967, licensed as such under the Licence$ Act, 1962 (Act No. 44 of 1962), and carrying on a business of which a substantial part consisted of the liquidation or distribution of the estates of deceased persons but does not include such a trust company in which a banking institution acquired or acquires, after that date, a financial interest otherwise than in exchange or substitution for any such interest held by such banking institution on that date.
2. Subject to the provisions of paragraphs 3 and 4, no person other than an attorney, notary or conveyancer as defined in section 1 of the Attorneys, Notaries and Conveyancers Admission Act, 1934 (Act No. 23 of 1934), (hereinafter in these regulations referred to as an attorney, notary or conveyancer, as the case may be) or an agent referred to in section 22 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), (hereinafter. in these regulations referred to as a law agent) shall liquidate or distribute the estate of· a deceased person.
3. The following persons shall be permanently exempt from the provision of paragraph 2, namely:
- (1) any board of executors;
- (2) any trust company;·
- (3) any public accountant as defined in section 1 of the Public Accountants' and Auditors'Act, 1951 (Act No. 51 of1951 ), and registered as an accountant and auditor under that Act;
- (4) any person, other than a banking institution, who was, on the twenty-seventh day of October, 1967, licensed as a broker or agent under the Licences Act,1962 (Act No. 44 of 1962), and carrying on a business predominantly consisting in the liquidation or distribution of the estates of deceased persons.
4. The following persons shall, to the extent specified in each case, be exempt from the provisions of paragraph 2-
- (1) any natural person nominated as executor by any deceased person by a will registered and accepted in the office of the Master, in so far as he is personally liquidating or distributing the estate· of such deceased person;
- (2) the spouse of or any person related by consanguinity; or affinity up to and including the second degree to such natural person, in so far as he is assisting such natural person with the liquidation or distribution of such estate;
- (3) the surviving spouse of or any person related by consanguinity or affinity up to and including the second degree to a deceased person, in so far as he is liquidating or distributing the estate of such· deceased person;
- (4) any banking institution registered or provisionally registered as such on the twenty-seventh day of October, 1967, in so far as such banking institution is liquidating or distributing the estate of a deceased person by whom such banking institution or an officer ordirector of such banking institution has been nominated asexecutor by a will registered and accepted in the office of the Master;
- (5) any person in the full-time service of any other person who is lawfully liquidating or distributing the estate of a deceased person, in so far as he is assisting such other person with or is acting on his behalf in any matter relating to the liquidation or distribution of such estate;
- (6) any person in the full-time service of a trade union as defined in section 1 of the Industrial Conciliation Act, 1956 (Act No. 28 of 1956), and registered under that Act, in so far as he is liquidating or distributing, otherwise than for or in expectation of any direct or indirect reward to himself or any other person, the estate of a deceased person who was, at the time of his death, a member of such trade union or the spouse of such member;
- (7) any person liquidating or distributing the estate of a deceased person on the instructions of an attorney, notary, conveyancer or law agent, in so far as he is liquidating or distributing such estate in pursuance of such instructions;
- (8) any person liquidating or distributing the estate of a deceased person in pursuance of directions given by the.Master under section 18 (3) of the Administration of Estates Act, 1965 (Act No. 66 of 1965), in so far as he is liquidating or distributing such estate in pursuance of such directions.
5. Nothing in these regulations contained shall affect the right of any person to continue, after the commencement of these regulations, to liquidate or distribute the estate of a deceased person which he has commenced to liquidate or distribute before such commencement.
.P. C. PELSER,Minister of Justice
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Deceased Estate Information
If a relative has died, perhaps without a will, and you are unsure of what to do:
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- Steps to take when your parent dies without a will.
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- Letter of executorship requirements in South Africa.
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