ADMINISTRATION OF ESTATES: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Administration of Estates (Admissibility of Letters of Administration) Order

Administration of Estates (Guardian’s Fund Interest Rate) Order

Administration of Estates (Remuneration and Allowances Payable to Sworn Appraisers) Regulations

Administration of Estates (Remuneration of the Executors, Curators and Tutors) Regulations

ADMINISTRATION OF ESTATES (REMUNERATION AND ALLOWANCES
PAYABLE TO SWORN APPRAISERS) REGULATIONS

(under section 125)

(26th November, 1965)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Remuneration of sworn appraisers

3. Transport allowance

4. Subsistence allowance

5. Taxation

L.N. 58, 1965.

1. Citation

These Regulations may be cited as the Administration of Estates (Remuneration and Allowances Payable to Sworn Appraisers) Regulations.

2. Remuneration of sworn appraisers

Every sworn appraiser is entitled to receive remuneration according to the following tariff in respect of every appraisement made by him—

		P
(a)	valuations of P200 or less	2,00
(b)	valuations over P200 up to and including P1000	5,00
(c)	valuations over P1000 up to and including P2000	7,00
(d)	valuations over P2000 up to and including P4000	9,50
(e)	valuations over P4000 up to and including P20 000	9,50	for the first P4000
		4,00	per P2000 or part thereof thereafter
(f)	valuations over P20 000 up to and including P30 000	41,50	for the first P20 000
		2,00	per P2000 or part thereof thereafter
(g)	valuations over P30 000 up to and including P200 000	51,50	for the first P20 000
		1,75	per P2000 or part thereof thereafter
(h)	valuations over P200 000 up to and including P400 000	200,25	for the first P200 000
		1,00	per P2000 or part thereof thereafter
(i)	valuations over P400 000 up to and including P800 000	300,25	for the first P400 000
		0,871/2	per P2000 or part thereof thereafter
(j)	valuations over P800 000	475,25	for the first P800 000
		5,50	per P2000 or part thereof thereafter

3. Transport allowance

(1) In addition to the remuneration set out in regulation 2 the following transport allowance may be claimed in all cases in which the appraisement is made at a place more than 1.6 kilometres from the place of business of the appraiser—

(a) when own conveyance is used	10t per km
(b) when public transport is used	the actual cost
(c) when conveyance is hired	the actual cost

(2) Where, in the course of one journey, appraisements are made on the instructions of one or more persons, the transport allowance claimed in respect of that journey shall be recovered pro rata from the persons concerned.

4. Subsistence allowance

In addition to the remuneration and transport allowance set out in regulations 2 and 3, the following subsistence allowance may be claimed—

(a) for time spent in travelling to and from the place of appraisement	50t per completed hour, but not exceeding P4,00 per day
(b) for necessary detention while not engaged on the appraisement	50t per completed hour, but not exceeding P4,00 per day

5. Taxation

(1) The bill of a sworn appraiser shall be taxed by the Master before payment is claimed.

(2) A copy of the appraisement to which the bill refers shall be attached thereto.

(3) Full particulars of the distance actually and necessarily travelled shall be given if transport allowance is claimed.

(4) It shall be stated that the journey was undertaken for the purpose of the appraisement.

(5) The time occupied in travelling and the time of detention, if any, shall be stated if subsistence allowance is claimed.

(6) Revenue stamps representing 5t in every Pula or fraction of one Pula of the bill shall be affixed to the bill and cancelled by the Master, as a taxing fee.

ADMINISTRATION OF ESTATES (ADMISSIBILITY OF LETTERS
OF ADMINISTRATION) ORDER

(under section 36)

(14th June, 1974)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Application of sections 37 and 38 to specified countries

Schedule

S.I. 84, 1974.

1. Citation

This Order may be cited as the Administration of Estates (Admissibility of Letters of Administration) Order.

2. Application of sections 37 and 38 to specified countries

Sections 37 and 38 of the Act shall apply to letters of administration granted in the countries specified in the Schedule hereto.

SCHEDULE

All Commonwealth countries

Republic of South Africa

Republic of Ireland

United States of America

ADMINISTRATION OF ESTATES (REMUNERATION OF THE EXECUTORS,
CURATORS AND TUTORS) REGULATIONS

(under section 125)

(28th July, 1967)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Authorised remuneration

S.I. 38, 1967.

1. Citation

These Regulations may be cited as the Administration of Estates (Remuneration of the Executors, Curators and Tutors) Regulations.

2. Authorised remuneration

The remuneration of executors, curators and tutors shall be assessed and taxed by the Master according to the following tariff:

Provided that the Master may, in his discretion, authorise a variation from this tariff in special cases if he sees fit:

(a)	Movables
	On the net proceeds of tangible movables sold (furniture, livestock, jewellery, vehicles etc.) ……………………………………..	5 per cent
	Awarded to beneficiaries or administrator, or taken over by surviving spouse …………………………………………………………….	21/2 per cent
	On bare dominium value of movables subject to a still-existing usufruct ………………………………………………………………………….	21/2 per cent
	On the balance of the purchase price collected of movables sold by deceased under hire-purchase ……………………………..	5 per cent
	On such balance awarded to heirs ……………………………………	21/2 per cent
(b)	Mortgage bonds
	Realised or repaid ………………………………………………………….	21/2 per cent
	Taken over or ceded to beneficiaries or administrator …………	11/4 per cent
(c)	Landed property
	On net proceeds of sale ………………………………………………….	21/2 per cent
	On purchase price of property sold in lifetime of deceased but still to be transferred to purchaser	11/4 per cent
	together with-
	On portion of purchase price still to be paid by purchaser ……	3/4 per cent
	Taken over, specially bequeathed or transferred to heirs …….	11/4 per cent
	On bare dominium value of landed property subject to a usufruct …………………………………………………………………………	21/2 per cent
	On landed property to remain in estate in terms of will until some future date …………………………………………………………….	11/4 per cent
	together with-
	When sold or transferred to beneficiaries …………………………..	3/4 per cent
	On balance of purchase price still to be collected if sold by deceased on hire-purchase ……………………………………………..	21/2 per cent
	together with-
	1 per cent on amount paid before death
	Taken over by surviving spouse under section 47 of the Act.	11/4 per cent
(d)	Shares and Securities
	(These include Government Stock, Savings Certificates and permanent and contributionary shares in building societies and similar institutions.)
	Realised ………………………………………………………………………..	21/2 per cent
	Taken over or ceded to beneficiaries ………………………………..	11/4 per cent
(e)	Insurance policies
	Proceeds of insurance policies …………………………………………	21/2 per cent
	(Where there is a loan or premiums due to the insurer and these are deducted from the proceeds, only 1 per cent is allowed on the portion of the proceeds withheld.)Surrender value of policies, and present-day (i.e. discounted) value of future instalments and ultimate capital payment of income policies, taken over or awarded to beneficiaries ………………….	11/4 per cent
	If actually surrendered or discounted ………………………………..	21/2 per cent
(f)	Claims in favour of estate
	Promissory notes and bills of exchange collected ……………….	5 per cent
	Book debts collected (other than mortgage bonds) ……………..	5 per cent
	Rents, interest, salaries, etc ……………………………………………	5 per cent
	If any of the above items are not collected, but are taken over or awarded to beneficiaries or an administrator ………………….	21/2 per cent
	Cheques ……………………………………………………………………….	1 per cent
	Amount of debts due by legatees or heirs set-off against legacy or inheritance ………………………………………………………	1 per cent
	Amount awarded to deceased from other estates (including proceeds of foreign estate remitted to Botswana)
	(i) If executor of deceased’s estate is not same person as executor in other estate …………………………………………………..	21/2 per cent
	(ii) If executor is same person as executor in other estate ……	1 per cent
	On bare dominium value of amount awarded from other estates but subject to usufruct of some person …………………..	21/2 per cent
	Moneys with townships, agents, sharebrokers ……………………	1 per cent
(g)	Goodwill
	On value of goodwill ……………………………………………………….	1 per cent
	(If business is sold as going concern and no distinction is made as to goodwill the rate of commission will depend upon the nature of assets sold e.g. movables 5 per cent immovables 2 per cent.)
(h)	Partnership
	If the assets of the partnership are separately shown and separately dealt with, the rate of remuneration will be according to the nature of the asset and according to whether it is sold or awarded to the beneficiaries, as set out above.
	If the partnership agreement provides for the payment for deceased’s interest, on the amount payable ………………………	21/2 per cent
	If deceased’s interest is sold as a whole ……………………………	21/2 per cent
(i)	Sundry rights
	Mineral rights sold ………………………………………………………….	21/2 per cent
	Mineral rights taken over or awarded to beneficiaries ………….	11/4 per cent
	Option and prospecting contract moneys collected ……………..	5 per cent
	Awarded to beneficiaries or administrator ………………………….	11/4 per cent
	Stock exchange rights sold ………………………………………………	21/2 per cent
	Awarded to beneficiaries or administrator ………………………….	11/4 per cent
	Liquor licence sold ………………………………………………………….	21/2 per cent
	Awarded to beneficiaries or administrator ………………………….	11/4 per cent
(j)	Fiduciary and usufructuary property
	Where the deceased was the fiduciary or usufructuary in respect of any property which must be dealt with in the estate duty affidavit the Master will usually allow the executor some remuneration which is charged against the property concerned. The executor should consult the Master as to the fee he will allow. Where there has been intermingling of such property with the deceased’s so that it cannot be identified and the successors have only personal claims for its value, the executor is entitled to the normal commission on all the assets found in the estate.
(k)	Nominal fee in small estates
	The Master will normally allow the following in small estates where he considers this tariff is inadequate:
	Estate up to P100 …………………………………………………………..	P6,30
	Estate up to P200 …………………………………………………………..	P8,40
	Estate up to P400 …………………………………………………………..	P12,60
	Estate up to P600 …………………………………………………………..	P14,00
	Estate up to P800 …………………………………………………………..	P21,00
	Estate up to P1000 …………………………………………………………	P28,00

ADMINISTRATION OF ESTATES (GUARDIAN’S FUND INTEREST RATE) ORDER

(section 103)

(30th June, 2017)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interest on certain moneys in the Guardian’s Fund

S.I. 69, 2017.

1. Citation

This Order may be cited as the Administration of Estates (Guardian’s Fund Interest Rate) Order.

2. Interest on certain moneys in the Guardian’s Fund

Interest paid on certain moneys held in the Guardian’s Fund shall be linked to Annual Fixed Deposits rate which is currently 3.5 per cent per annum, or the following persons—

(a) Minors;

(b) Mentally incapacitated people who are not able to control their own affairs; and