“Liquidation and distribution account” definition of section 1 of Estate Duty Act

“liquidation and distribution account” means the account required to be rendered by an executor to a Master in accordance with section 35 of the Administration of Estates Act, 1965 (Act No. 66 of 1965), or where the provisions of section 68 of the Administration of Estates Act, 1913 (Act No. 24 of 1913), apply, the account required to be rendered by an executor to a Master in accordance with the last-mentioned section;

[Definition of “liquidation and distribution account” inserted by section 3 of Act 92 of 1971]

“Master” definition of section 1 of Estate Duty Act

“Master” in relation to any matter, property or estate, means the Master or Assistant Master of the High Court appointed under the Administration of Estates Act, 1965, who has jurisdiction in respect of that matter, property or estate;

[Definition of “Master” amended by section 3 of Act 92 of 1971 and section 5 of Act 27 of 1997]

“Relative” definition of section 1 of Estate Duty Act

“relative”, in relation to any person, means the spouse of such person or anybody related to him or his spouse within the third degree of consanguinity, or any spouse of anybody so related, and for the purpose of determining the relationship between any child referred to in the definition of “child” in this subsection and any other person, such child shall be deemed to be related to its adoptive parent in the first degree of consanguinity;

[Definition of “relative” inserted by section 7 of Act 77 of 1964]

“Spouse” definition of section 1 of Estate Duty Act

“spouse”, in relation to any deceased person, includes a person who at the time of death of such deceased person was the partner of such person-

(a)     in a marriage or customary union recognised in terms of the laws of the Republic;

(b)     in a union recognised as a marriage in accordance with the tenets of any religion; or

(c)     in a same-sex or heterosexual union which the Commissioner is satisfied is intended to be permanent:

Provided that a marriage or union contemplated in paragraph (b) or (c) shall, in the absence of proof to the contrary, be deemed to be a marriage or union without community of property.

[Definition of “spouse” inserted by section 1 of Act 59 of 2000 and amended by section 3 of Act 5 of 2001]

“Tax Administration Act” definition of section 1 of Estate Duty Act

“Tax Administration Act”, means the Tax Administration Act, 2011.

[Definition of “Tax Administration Act” inserted by section 271 of Act 28 of 2011 effective on 1 October 2012]


(2)     Unless the context indicates otherwise, a word or expression to which a meaning has been assigned in the Tax Administration Act bears that meaning for purposes of this Act.

[Subsection (2) added by section 1 of Act 59 of 1957, amended by section 1 of Act 65 of 1960, section 3 of Act 92 of 1971 and section 8 of Act 88 of 1996, deleted by section 1 of Act 32 of 2005 and inserted by section 271 of Act 28 of 2011 effective on 1 October 2012]