CHAPTER 55
CURATELLE ACT

Arrangement of Sections

1. Short title.

Curator of vacant estates

2. Office of Curator created. Office to be called the Curatelle office.

3. Curator to be under the direction of the President.

4. Salary and pension of Curator.

5. Commission on vacant estates.

6. Curator to take oath of office.

7. Curator to keep books and accounts and make returns.

8. President may appoint person to act if Curator prevented.

9. Annual list of estates to be furnished by Curator.

10. Duties of Curator.

Vacant estates and estates of absentees

11. Definition of vacant estates.

12. Definition of absentees.

13. Monthly returns of vesting orders to be furnished by Registrar.

Vesting order

14. Curator to apply for vesting order.

15. Vesting order may be made at instance of third party.

16. Advertisements of unclaimed immovable property.

17. Property affected by vesting order.

18. Duration and force of vesting order.

Administration of vacant estate

19. Curator to take possession of property and ascertain owners.

20. Inventory of movables.

21. Moneys to be paid to Treasury.

22. Curator to administer property.

23. Sale of movable property.

24. Sale of immovable property by order of Judge.

25. Procedure on sale of immovable property.

26. Sale by order of Judge.

27. Leases.

28. Curator to watch over and administer estates under his care.

29. Curator to examine claims against estates.

30. Affixing and removal of seals on movable property.

31. Execution of will to be stayed in certain cases.

32. Power to compromise and refer to arbitration.

33. Curator to purchase in certain cases and borrow money.

34. Payments by the Curator.

Control over executors

35. Curator to superintend the administration of executors in certain cases.

Divesting order

36. Divesting order may be made on application of person entitled.

37. Divesting order may be applied for by Curator.

38. Payment of charges to be made a condition of divesting order.

39. Non-liability of Government or Curator.

Supplemental provisions

40. Power to appoint a Curator ad litem.

41. Attorney and counsel.

42. Real property how dealt with.

43. Estate of small value.

44. Meaning of vesting order.

45. Interpretation.

7 of 1892,

4 of 1920,

4 of 1955,

4 of 1956,

12 of 1962,

14 of 1963,

13 of 1975,

23 of 1976,

Decree 31 of 1979.

SI 95 of 1975,

72 of 1976,

38 of 1977,

61 of 1988,

41 of 1991.

[Date of commencement: 1st July 1892]

1. Short title.

This Act may be cited as the Curatelle Act.

Curator of Vacant Estates

2. Office of Curator created. Office to be called the Curatelle office.

There shall be an officer called the Curator of Vacant Estates*, who shall be appointed by the President.

The office of such Curator shall be called the Curatelle Office.

[*Note to 1991 Ed: The Registrar General was appointed as Curator of Vacant Estates by G.N. 149 of 1977.]

3. Curator to be under the direction of the President.

The Curator shall be under the direction of the President.

4. Salary and pension of Curator.

(1) The Curator shall receive such salary as may be fixed by the President with the consent of the National Assembly.

(2) He shall be entitled to a pension under the pension laws in respect of such salary.

5. Commission on vacant estates.

(1) There shall be payable to Government in respect of any estate or property, whether movable or immovable, personal or real, vested in the Curator, a commission according to the scale set out in subsection (2), upon the gross amount of all sums of money received by such Curator either as principal, revenue, or rent; and, in case of a divesting order being granted, as hereinafter provided by this Act, before any part of the estate or property has been realised into cash, upon the gross value of such part of the estate or property.

(2) The scale of commission shall be as follows—

10 percent on the first Rs.1,000 or fraction thereof.

8 percent on the second Rs.1,000 or fraction thereof.

5 percent on the next Rs.3,000 or fraction thereof.

3 percent on the remainder after and above Rs.5,000.

6. Curator to take oath of office.

The Curator shall, as soon as possible after being appointed, take the oath of office.

7. Curator to keep books and accounts and make returns.

(1) The Curator shall keep books and accounts in accordance with such directions as he may from time to time receive from the President, and he shall make such returns as he may, by any directions of the President or by any regulation under this Act, be required to make.

(2) The books and accounts of the Curator shall be audited by the Auditor General at least once a year.

8. President may appoint person to act if Curator prevented.

It shall be lawful for the President to appoint any person to act for the Curator, whenever the latter is unable to act himself; and such person shall, as soon as possible after being appointed, take the oath of office.

9. Annual list of estates to be furnished by Curator.

The Curator shall annually lay before the President a list of all the estates under his charge and administration with the balance due to or by each estate.

The statement shall contain, as clearly as possible, the names, profession, countries, places of birth and last places of residence of the deceased or absent parties, to whom they respectively apply so far as the same can be ascertained.

10. Duties of Curator.

(1) It shall be the duty of the Curator to take charge of and administer any vacant estate, to take charge of and administer the property of absentees and to represent absentees, and generally to perform and discharge such other functions and duties as may devolve upon him by virtue of the provisions of this Act.

(2) The Curator shall remain in charge and shall continue to administer, subject to the provisions of this Act, all vacant estates or property belonging to absentees of which he may have been sent into possession or which may have been vested in the Deputy Curator before the commencement of this Act.

Vacant Estates and Estates of Absentees

11. Definition of vacant estates.

(1) Vacant estates shall comprise vacant successions and unclaimed property.

(2) Whenever any person shall have died and there shall be reason to believe that such person died possessed of property in Seychelles whether such property shall be ascertained or not, and that such person died intestate and without heirs in Seychelles, such person shall for the purposes of this Act be considered to have left a vacant succession.

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