Administrator General Act
- Assented to on 6 November 1967
- Commenced on 6 November 1967
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short titleThis Act may be cited as the Administrator General Act.
2. Incorporation of Administrator General
3. Appointment of Administrator General[repealed by Act No. 30 of 1994]
4. District Commissioner to act as agent of Administrator GeneralEvery District Commissioner shall at the request of the Administrator General, act as his agent for the purposes of this Act:Provided that nothing herein contained shall affect the Administrator General’s power to appoint such other agents as he thinks fit.
5. Administrator General or his agents not liable for acts done in performance of their dutiesNeither the Administrator General nor any of his agents shall be personally liable to any person in respect of goods or chattels in the possession at the time of his death of any person whose estate shall be administered by the Administrator General which shall be sold by the Administrator General or such agents unless the Administrator General or agent shall know or have actual notice before the sale that such goods or chattels were not in fact the property of the person whose estate is being administered by him, and generally neither the Administrator General nor any agent shall be liable for any act done by him bona fide in the supposed and the intended performance of his duties unless it shall be shown that such act was done not only illegally, but willfully or with gross negligence:Provided always that in case of any sale by the Administrator General or any agent of goods or chattels belonging in fact to any third person the amount realized by such sale shall be paid over to the owner upon proof by him of such ownership unless the same shall have already been applied in payment of the debts of the deceased or shall have been distributed in the ordinary course of administration whilst the Administrator General or agent was in ignorance and without actual notice of the claim of such person to the goods or chattels sold.
6. Protection of certain property
7. Cases in which Administrator General may apply for administrationsWhere—
8. Administrator General may be appointed executorAny person may appoint the Administrator General to be executor of his will:Provided that nothing in this section shall deprive the Administrator General of his right to renounce probate of any will.
9. Notice of applicationsThe Administrator General shall cause notice of his intention to apply for letters of administration under section 7 to be published in the Gazette at least fourteen days before making the application and the cost of such publication shall in every case be deemed to be a testamentary expense and be payable out of the estate of the deceased whether such estate be administered by the Administrator General or any other person:Provided that nothing in this section shall be construed to limit in anyway the powers of the Court to order the sale of perishable property or to make any other order for the interim protection of any estate.
10. Grant to Administrator General may be revoked and grant made to other personAt any time after a grant of letters of administration to the Administrator General under this Act, any person to whom the High Court might have committed administration if no such grant had been made may apply to the High Court for revocation of such grant and for the grant to himself of probate or letters of administration; but no such application shall be made until seven days after notice of intention to make it shall have been given to the Administrator General. Upon such application the High Court, after hearing the Administrator General if he appears, may revoke the grant to the Administrator General and grant probate or letters of administration to the applicant subject to such limitations and conditions as it may think fit.
11. Administrator General to make inventory and keep accountsThe Administrator General shall make a complete inventory of every estate of which administration is committed to him, and shall keep an account of all receipts, payments and dealings with every such estate.
12. Court may appoint persons to receive minor’s shareWhere any person entitled to a share under the will or in the distribution of the estate of a deceased person whose estate is being administered by the Administrator General is a minor, the High Court may, upon the application of the Administrator General, appoint the father or mother of such minor or some other suitable person to receive the share of such minor on his behalf and upon such appointment being made the Administrator General may pay the share of such minor to such person on behalf of such minor and the receipt of such person shall be a full and complete discharge to the Administrator General so far as regards such share.
13. Unclaimed and small balances
14. Liability of the GovernmentsThe Government shall he liable to make good all sums required to discharge any liability which the Administrator General, if he were an individual, would be personally liable to discharge and any sums so paid by the Government shall be a charge on the Consolidated Fund.
15. Fees of Administrator General
16. Minister may make RulesThe Minister may make Rules for the better carrying out of the purposes and provisions of this Act.
History of this document
31 December 2014 this version
06 November 1967