Local Courts (Administration of Estates) Rules, 1969

Statutory Instrument 297 of 1969

Local Courts (Administration of Estates) Rules, 1969

Zambia
Local Courts Act, 1966

Local Courts (Administration of Estates) Rules, 1969

Statutory Instrument 297 of 1969

IN EXERCISE of the powers conferred upon the Chief Justice by section sixty-seven of the Local Courts Act, 1966, the following Rules are hereby made:

1.

These Rules may be cited as the Local Courts (Admini­stration of Estates) Rules, 1969.

2.

Before making an order under section thirty-six (1) of the Local Courts Act, 1966, a local court shall determine whether the deceased person died intestate and whether he is a, person whose estate falls to be administered or distributed in terms of African customary law.

3.

(1)When a local court appoints an administrator of an estate under the provision of section thirty-six (1) of the Local Courts Act, 1966, the Court shall at the time consider what, if any provisions should be made for the purposes of paragraphs (b), (c) and (d) of section thirty-six (2) and may incorporate any such provisions in the order;
(2)Nothing in the preceding sub-rule shall prohibit a local court from making further orders for the purposes of section thirty-six (2).

4.

An order appointing an administrator under section thirty-six (1) shall be substantially in the form in the Schedule hereto.

5.

(1)An administrator appointed under section thirty-six (1) of the Local Courts Act, 1966, shall, before making any payment in respect of the share in an estate of a minor or other person under a disability, inform the local court of the circum­stances and shall ascertain from the Court what, if any, orders it wishes to make in this respect under the provisions of paragraph (e) of section thirty-six (2).
(2)An administrator shall as soon as may be after com­pleting the administration of an estate furnish to the local court a statement of the assets of the estate and how they have been distributed or otherwise dealt with.

Schedule

History of this document

06 June 1969 this version
29 May 1969
Assented to
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