CHAPTER 58
ADMINISTRATOR-GENERAL’S ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   Appointment of Administrator-General

   4.   District Secretary to act as agent of Administrator-General

   5.   Duties of District Secretary

   6.   Intermeddling with property of deceased prohibited

   7.   Cases in which Administrator-General may apply for probate or letters of administration

   8.   Administrator-General or agent may protect property pending application

   9.   Administrator-General may be appointed executor

   10.   Notice of application to Court

   11.   Granting of probate or letters of administration

   12.   No bond required from Administrator-General

   13.   Grant of probate or letters of administration vest property in Administrator-General

   14.   Administrator-General as trustee

   15.   Where deceased member of partnership, surviving partner to account

   16.   Duty to supply information

   17.   Grant to Administrator-General may be revoked and grant made to other person

   18.   Application to Court for revocation

   19.   Administrator-General to make inventory and keep accounts

   20.   Notice to creditors and claimants

   21.   Distribution of assets

   22.   Proof of claims may be required

   23.   Fees of Administrator-General

   24.   Payments to executors, etc., in country of domicile

   25.   Assets received from outside Zambia.

   26.   Court may appoint persons to receive minor’s share

   27.   Assets unclaimed for twelve years to be transferred to general revenues Section

   28.   Power of President to dispose of same

   29.   Power for Administrator-General to administer where assets are less than K200

   30.   Administrator-General or his agents not liable for acts done in performance of their duties

   31.   Estates being administered by Registrar of High Court

   32.   This Act not to apply to estates administered in terms of African customary law

   33.   Rules

AN ACT

to make provision for the appointment and duties of an Administrator-General.

[13th June, 1925]

Act 20 of 1925,

Act 10 of 1926,

Act 31 of 1937,

Act 31 of 1959,

Act 14 of 1968,

Act 13 of 1994,

GN 303 of 1964,

GN 497 of 1964,

SI 72 of 1964.

1.   Short title

This Act may be cited as the Administrator-General’s Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“Administrator-General” means the Administrator of Estates appointed under this Act and includes an Assistant Administrator-General;

“Commonwealth” means—

      (a)   the self-governing members of the Commonwealth;

      (b)   all British Colonies;

      (c)   all states and territories under the protection of Her Britannic Majesty through Her Government in the United Kingdom; and

      (d)   all territories administered by governments of the Commonwealth in accordance with a mandate from the League of Nations or under the trusteeship system of the United Nations;

“Court” means the High Court, or any court subordinate thereto to which jurisdiction hereafter may be given;

“letters of administration” includes any letters of administration whether general or with a copy of the will annexed or limited in time or otherwise;

“next of kin” includes a widower or widow of a deceased person or any other person who by law would be entitled to letters of administration in preference to a creditor or legatee of the deceased.

[S 2 am by Act 31 of 1959; SI 72 of 1964, 14 of 1968.]

3.   Appointment of Administrator-General

   (1) The Public Service Commission may appoint an Administrator-General and as many Assistant Administrators-General as may from time to time be required.

   (2) The Administrator-General shall be a corporation sole by the name of the Administrator-General and shall have perpetual succession, and an official seal, and may sue and be sued in his corporate name.

   (3) The Administrator-General shall be entitled to appear in Court, either in person or by counsel, in any proceeding to which he is a party.

   (4) The Administrator-General, in his capacity of personal representative of any estate, may institute and carry on proceedings against another estate notwithstanding that he is personal representative of such other estate:

Provided that in any such proceedings he shall not be entitled to appear in Court in person on behalf of both estates.

[S 3 am by Act 31 of 1959; GN 303 of 1964.]

4.   District Secretary to act as agent of Administrator-General

The District Secretary of any District shall, at the request of the Administrator-General act as his agent within such District:

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