Section 6: Foundation established by will

6. Foundation established by will (1) Where a Foundation is established by means of a will, there shall, for the purposes of this Act, be only one founder who shall be the testator. (2) Where 2 or more testators have made concurrent wills establishing a Foundation and those wills take effect simultaneously, the testators shall be deemed to be one founder. (3) The executor of the will shall— (a) as soon as practicable, appoint a Council in accordance with the will; and (b) on registration of the Foundation, periodically, and in any case at intervals of not more than 60 days, keep the Council informed of the progress of the will. (4) Where, at the expiry of a period of 12 months from the death of the founder, the registration of the Foundation has not been effected, an application shall be made by the executor to the Court for the appointment of an administrator to ensure that the— (a) endowment of the property to be the initial assets of the proposed Foundation is made in accordance with the will; and (b) proposed Foundation is registered under this Act. (5) The Court may, on receipt of an application under subsection (4), appoint an administrator who shall, at all times, be under the supervision of the Court. F22A – 5 [Issue 4] Foundations Act (6) The administrator shall— (a) where there is no Council, appoint a Council in accordance with the will; (b) take such steps, including the institution of legal proceedings in Mauritius or elsewhere, to ensure that the initial assets are, or shall be, duly acquired by the proposed Foundation; (c) administer, or cause to be administered, conserve and improve in a proper manner, without undue risk, the property to be the initial assets of the proposed Foundation in accordance with the terms of the will and conserve and improve such property until such time as it is vested in the Foundation; and (d) take such steps as are, in his opinion, necessary to ensure that title in the property is properly vested in the Foundation. (7) The Court shall, on being satisfied that— (a) an application for registration of the proposed Foundation under section 23 has been made; and (b) the documents specified in section 23 (1) (c) to (e) are available, terminate the appointment of the administrator. (8) The costs of the administrator, including his remuneration as approved by the Court, shall be met by the executor— (a) out of the property specified in the will as being the initial assets of the Foundation; or (b) in the event that the Foundation is not registered, out of the property of the estate of the founder. (9) The registration of a Foundation established by will may be contested on the death of the testator only on the ground that the will purporting to establish it was not duly executed within a period of 3 years from the date when probate of the will was granted.