Voting; Election of Trustees & Remuneration

Section 62

Election of new trustee


(1) When a Court or the Master has removed one of two joint trustees from office, the Master may convene a meeting of the creditors of the estate in question for the purpose of electing a new trustee in the place of the trustee who was removed.

[Sub-s. (1) substituted by s. 19 (a) of Act No. 99 of 1965.]


(2) When a sole trustee has vacated his or her office or has been removed from office, has resigned or died, the Master shall convene a meeting of the creditors of the estate in question for the purpose of electing a new trustee, and in the meantime the Master may, in accordance with policy determined by the Minister, appoint a provisional trustee for the preservation of the estate.

[Sub-s. (2) substituted by s. 7 of Act No. 16 of 2003.]


(3) When one of two joint trustees has vacated his office or has resigned or died the Master may convene a meeting of the creditors of the estate in question for the purpose of electing a new trustee in the place of the trustee who has vacated his office or has resigned or died.

[Sub-s. (3) substituted by s. 19 (b) of Act No. 99 of 1965.]


(4) The provisions of section fifty-four shall apply in connection with the election of a new trustee in terms of this section.