Section 29: Notary for partition
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.
29. Notary for partition
(1) (a) On the application of a party entitled to move for the partition of
succession, the Judge may appoint a notary to effect the partition and liquidation of the succession.
(b) Sections 20 and 21 shall apply to an application under paragraph (a).
S45 – 5 [Issue 1]
Succession and Wills Act
(2) Where the Judge appoints a notary to make the inventory under section 20, the Judge may, if all parties are represented, at the same time, appoint that notary to effect the partition and liquidation of the succession.
(3) In the order appointing the notary to make the partition, the Judge
shall fix a day for the commencement of the partition.
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Questions this section answers
- Can the same notary who made the inventory also carry out the partition of the succession?