ADMINISTRATOR GENERAL: SUBSIDIARY LEGISLATION
ADMINISTRATOR GENERAL’S (FEES) RULES
deemed to be made under s. 15
G.N.68/1963
1. Short title
These Rules may be cited as the Administrator General’s (Fees) Rules.
2. Incorporation of Administrator General
Fees at the following rates shall be payable to the Administrator General out of every estate administered by him—
(a) on the value of the assets in Malawi—
(i) on the first £1,000 or less of such value . . 5%
(ii) on the second ” ” ” . . 4%
(iii) on the third ” ” ” . . 3%
(iv) on the fourth ” ” ” . . 2%
(v) on the fifth ” ” ” . . 1%
(vi) on the remainder of such value . . ½%:
Provided that the minimum fee under this head shall be £10;
(b) in respect of any part of the estate outside Malawi which is distributed by the Administrator General or by his agent on his behalf, on the value of the assets . . . . 1%:
Provided that the fee under this head shall be additional to the proper charges of the agents who administer the assets outside Malawi;
(c) on all income of the estate received by the Administrator General . . . . . . . . 5%:
Provided that where the Administrator General carries on a business on behalf of the estate, the percentage payable shall be charged on the net income received from the business;
(d) in the case of an insolvent estate, upon the amounts which would be available for distribution but for payment of this fee, an additional fee at the rate of . . . . 2%.
3. Meaning of the value of assets
(1) The expression “the value of the assets” means the gross value before making any deduction except in respect of a specific charge on the asset, and—
(a) when the assets are realized, at the date of such realization;
(b) where the assets are not realized, at the date of distribution to the beneficiaries.
(2) The expression “the value of the assets” shall not include any gratuity granted under section 16 of the European Officers Pensions Ordinance, 1945, or any other written law, or any assets not administered by the Administrator General or held by the deceased as a trustee.
(a) The fees payable under rule 2 (a) shall be due when the Administrator General has taken the initial steps to administer the estate, but the Administrator General shall have a discretion to postpone taking payment in whole or in part to such date or dates as may be convenient in due course of administration.
(b) The fees payable under rule 2 (b) and (c) shall be due on receipt of the assets or income by the Administrator General and may be charged in the accounts at intervals of six months.
(c) The fees payable under rule 2 (d) shall be due and paid immediately before a distribution is made.
If, upon application made to him by the Administrator General or by any person interested in the estate, the Registrar of the High Court certifies in writing under his hand that—
(a) the circumstances have been such as to render the duties of the Administrator General-exceptionally simple;
(b) the Administrator General has, before completing the administration of the estate, the duty to hand over the assets of the estate to some other person to whom the High Court has granted probate or letters of administration;
(c) by reason of the poverty of any person beneficially interested in the estate a remission of some part of the fees is desirable,
a part of the fees not exceeding one half may be remitted:
Provided that—
(i) the certificate of the Registrar records his reasons for remission;
(ii) the application is made before the residue of the estate or a substantial part thereof has been paid away or distributed.
These Rules shall apply in every case in which fees have not previously been charged.
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