Podcast
Questions and Answers
What is the responsibility of the trustee in relation to convening meetings?
What is the responsibility of the trustee in relation to convening meetings?
- Recording and keeping all proceedings
- Accepting or rejecting claims
- Convening the first meeting and all subsequent meetings (correct)
- Determining the time and date of all meetings
What must be lodged when proving a claim against the estate?
What must be lodged when proving a claim against the estate?
- Proof of address
- Bank statements
- Affidavit setting out the nature and basis of the claim, supporting vouchers, and lodged less than 24 hours before the meeting (correct)
- Personal identification documents
What is required to participate in meetings as a creditor?
What is required to participate in meetings as a creditor?
- Proving all claims before attending any meeting
- Being in public service or designated by the master
- Registering and paying a fee of R25 to the trustee (correct)
- Being personally present during all meetings
What happens if a claim cannot be reasonably explained during interrogation?
What happens if a claim cannot be reasonably explained during interrogation?
Who may examine proof of claims in relation to the estate?
Who may examine proof of claims in relation to the estate?
When should the documents for proving a claim be lodged according to Section 44 of the Act?
When should the documents for proving a claim be lodged according to Section 44 of the Act?
What is considered privileged information disclosed at the meetings?
What is considered privileged information disclosed at the meetings?
What are the details that the provisional trustee must ensure correct in the sequestration order?
What are the details that the provisional trustee must ensure correct in the sequestration order?
What authority does the provisional trustee require to bring or defend legal proceedings?
What authority does the provisional trustee require to bring or defend legal proceedings?
What is the consequence of selling estate property without prior authorization?
What is the consequence of selling estate property without prior authorization?
Under what circumstances can a provisional trustee sell estate property?
Under what circumstances can a provisional trustee sell estate property?
What power does the Master have over the provisional trustee according to Section 18(2)?
What power does the Master have over the provisional trustee according to Section 18(2)?
What is the primary function of a provisional trustee in an insolvent estate?
What is the primary function of a provisional trustee in an insolvent estate?
Under what circumstances will the court authorize a provisional trustee to institute legal proceedings or sell property?
Under what circumstances will the court authorize a provisional trustee to institute legal proceedings or sell property?
What must an applicant seeking court authority in terms of Section 18(3) demonstrate?
What must an applicant seeking court authority in terms of Section 18(3) demonstrate?
According to Van Oosten J, what criteria must be satisfied when contemplating the institution of proceedings to enforce a claim?
According to Van Oosten J, what criteria must be satisfied when contemplating the institution of proceedings to enforce a claim?
In Warricker & another NNO v Liberty Life Association of Africa Ltd, why must an applicant satisfy the court before instituting legal proceedings?
In Warricker & another NNO v Liberty Life Association of Africa Ltd, why must an applicant satisfy the court before instituting legal proceedings?
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