Section 24: Rules concerning removal of seals
consolidated text (as at 2011). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
24. Rules concerning removal of seals
(1) The production to the clerk of the Judge’s order appointing a notary
under section 20 shall be sufficient authority for the clerk to remove the
seals without any further formality.
(2) Where any of the heirs is a minor, the seals shall not be removed until
that heir has been provided with a guardian.
(3) Any of the parties mentioned in section 20 may appear at all stages
of the removal of seals and inventory, either in person or at his own cost by
an agent or attorney.
(4) The clerk shall draw up a memorandum of the removal of seals, in
which shall be mentioned—
(a) the date;
(b) the names and residence of the party requiring the removal of
seals;
(c) the names and residences of parties appearing; and
(d) whether the seals are intact or otherwise, and where they are
not intact, a description of the condition in which they are
found.
(5) (a) The seals shall be removed successively, and in proportion, as the
inventory advances.
(b) They shall be affixed again whenever an adjournment of the inventory takes place.
(6) (a) Where papers and goods not belonging to the succession are
found, and such papers or goods are claimed by a person, they may be delivered to that person, but that fact shall be mentioned in the memorandum
of removal of seals.
(b) Where such papers and goods cannot be immediately delivered,
and where it is necessary to give a description of them, the description shall
be given in the memorandum of the removal of seals, and not in the
inventory.
S45 – 3 [Issue 1]
Succession and Wills Act
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Questions this section answers
- Can the seals on a succession's property be removed if one of the heirs is a minor?
- Can I attend the removal of seals in a succession through an agent or attorney?