The position of the executor during administration “Sec 50. An Executor making wrong distribution - (a) will be personally liable to make good to any heir and to any claimant whose claim was lodged within the period specified in the notice any loss sustained by such heir in respect of the benefit to which he is entitled, or by such claimant is entitled in respect of his claim, as a result of his failure to make a distribution in accordance with the said provisions.” Where it is the Executor that has made the mistaken distribution – the Executor is entitled to correct the position with the Statutory CI ; and The aggrieved creditor or beneficiary has a claim against the Executor in his personal capacity for any loss suffered by him as a result of such mistake .
The position of the executor during administration – late claimants? “Sec 31. Lodgement of late claims - If any person fails to lodge his claim against a deceased estate, before the expiry of the notice period specified, must - (a) satisfy the Master that he has a reasonable excuse for the delay, be liable for any costs in connection with the reframing of the (L&D) account or otherwise, as a result of the delay; and (b) whether or not he lodges his claim thereafter, shall not be entitled in respect of his claim to demand restitution from any other claimant of any moneys paid to such other claimant at any time or before he lodged his claim, as the case may be, in pursuance of a valid claim against the estate.”
- Fall '18
- Van Zyl, van der Walt, Administration of Estates Act, Roy Evans