—(1) The executor of every deceased person shall, within 6 months after the date of the death of the deceased, specify to the best of his knowledge and belief, in appropriate accounts annexed to an estate duty return to be delivered to the Commissioner, a full and true statement of particulars relating to all the property of the deceased, including the value thereof, in respect of which estate duty is payable upon the death of the deceased; and together with such estate duty return he shall deliver to the Commissioner a certified copy of the will, if any, of the deceased.
(2) The estate duty return shall extend to the verification of the accounts annexed thereto and shall be in a form to be determined by the Commissioner.
(3) The accounts annexed to the estate duty return shall include all income accrued upon the property included therein down to and outstanding at the date of the death of the deceased.
(4) Where the executor is not accountable for estate duty in respect of any property passing on the death of the deceased, the person accountable shall, within 6 months after the date of the death of the deceased, deliver to the Commissioner an account in a form to be determined by the Commissioner containing a full and true statement of the particulars relating to that property, including the value thereof, verified to the best of his knowledge and belief.
(5) The Commissioner may require any estate duty return or any such account to be delivered to him in duplicate.
(6) The Commissioner may, in his discretion, extend the period prescribed in subsections (1) and (4) for delivering any estate duty return or account relating to any property passing on the death of a deceased person.
(7) The executor shall pay the estate duty in respect of all property of which the deceased was competent to dispose at his death and may pay the estate duty in respect of any other property passing on such death which is under the control of the executor, or in the case of property not under his control if the person liable to pay the duty in respect thereof requests him to make the payment.
(8) An executor shall not be liable for any duty in excess of the assets which he has received as executor or which he might but for his own neglect or default have received.
(9) A person being an executor of a deceased person may, if he is unwilling to accept office as executor, apply in writing to the Commissioner to be exempted from the obligations and liabilities of an executor under this Act.
(10) The Commissioner, if he is satisfied that the applicant referred to in subsection (9) has not taken possession of, or intermeddled with, any property of the deceased, may issue a certificate of exemption accordingly.
(11) Any certificate of exemption issued under subsection (10) may be revoked by the Commissioner at any time —
if he is of opinion that the certificate was obtained by fraud or misrepresentation, or on an incorrect statement of facts; or
if the holder of the certificate has at any time after the issue thereof taken possession of, or intermeddled with, the property of the deceased.
History for Provision '35 Filing of accounts of property'.
15 December 1998
Act 42 of 1998
22 November 2000
Act 30 of 2000
18 November 2002
Act 32 of 2002
09 December 2004
Act 51 of 2004
16 September 2008
Act 13 of 2008