Be aware that this write-up does not constitute legal advice. You are, however, encouraged to consult an attorney or to visit the Master.
When you are in the unfortunate circumstances that someone near and dear
to you, have passed on, there are certain very important things that you should
do. Apart from calling a medical person to certify the death of that person, or
if needs be, the calling of the SAPS when there is a suspicion of foul play,
you should report/register this death soonest to your nearest Master of the
High Court.
You are also advised to mourn the person’s death – don’t just start
“celebrating” the life of the decease. I see it so often that the people don’t
mourn the death, they just “celebrate” the life of the deceased. Have a heart!
It is a momentous thing that has happened and you should engage with it.
By the way, you should notice that I stated “When you are in the
unfortunate …” I did not say “If you are …” My reason for that is
that we all are destined to die sometime in the future – even me! I am keenly
aware of that. Having said that, I hasten to say that you should seriously look
at your personal relationship with Jesus Christ because, after your demise, it
would be eternally too late. I advise you to make sure and by reading the
following portion in the Bible: The Gospel According to John chapter 3 and
specifically verse 16: “For God so loved the world, that he gave his only Son,
that whoever believes in him should not perish but have eternal life.” I encourage you to read the entire chapter. If you don’t have a Bible,
you may download it by clicking on this link: THE GIDEON BIBLE APP
Let’s get back to where the tyre rubs on the tarmac and you, as
distressed as you are, should get your ducks in a row and approach the Master
soonest.
GENERAL REMARKS:
You may read the Master’s website for interesting general remarks, when
you click on this link Master: There are very interesting stuff to read and you are encouraged to read
it. You can be assured that this is not the last word on estate administration.
I will give you a citation to follow in connection of a very tragic incident
that really happened when the person died having had to many “Springbokkies” to
drink [“Springbokkies” are a certain concoction of liquor which have a
devastating effect on a person who imbibes too much of it].
If you do not have an attorney to consult, you may approach the Master directly. I noticed that the Master of Johannesburg, have put up huge signs outside the building advising the patrons that the services of the Master are free of charge. I don’t know where you are situated while you are reading my blog, and in order to assist you locating the nearest Master’s Office to you, you may have a look at this website by clicking on this link: MASTER'S OFFICES.
There are a lot of work to be done to administer a deceased estate; and
you should submit certain forms to get the process going; click on this link: MASTER'S FORMS and read it carefully. You don’t have to submit all the forms; you
should only submit those that are applicable on your situation.
NO ORIGINAL WILL LEFT BEHIND BY THE DECEASED; ONLY A COPY
What will happen if you cannot find an original will and you only have a
copy of the original will [even if that copy is a certified copy]? The Master
will not accept it; it might even register the estate as an intestate estate.
That then opens up two ways about administering the estate: you either accept
the Master’s decision and proceed to administer the estate as an intestate
estate.
Or you approach the High Court for an order declaring the rejected will
to be the will of the deceased and orders the Master to register it as a
testate estate. Then, in the that case, you proceed as if the will was not
rejected.
YOU CANNOT TRACE A VALID WILL AT ALL
Or there is no valid will in existence; in other words, you cannot trace a will. What will then happen? The Intestate Succession Act comes in to play; click on this link for the Act:
You can download a copy of the Intestate Succession Act, and read it. It
is not as simple as it might seem at first blush. Once again, I advise you to
consult a lawyer.
This is not, however the beginning of the end for such an intestate
estate. The heirs may come together and enter into a written distribution
agreement and re- arrange the prescriptions set out in the Act.
YOU MIGHT SUSPECT THAT THE WILL IS NOT VALID FOR FAILING TO COMPLY WITH
THE FORMALITIES OF THE WILLS ACT
You might be faced with a suspicion that the will is invalid because not
being compliant with the requirements of the Wills Act, you might also approach
the High Court for legal relief. There are a myriad of factors/circumstances
when a will might be tainted to such an extent that it is invalid.
What are some of those circumstances? For instance, the signature of the
testator/testatrix is forged.
Or the witnesses did not sign the will being present simultaneously with
the testator/testatrix and the other witness. That means if the witness signed
the will not in the presence of the testator.
Or the testator/testatrix was not competent to sign the will – for
instance the testator/testatrix was not of a sound mind [suffering from
alzheimers]. I once had a threat that the validly of the will, will be
contested in court; the basis was allegedly that the testator was not competent
to make a will in that his mental faculties were impaired to such an extent
that he did not know what he was doing. Just to let you in the background: he
disinherited his wife in so many words and she felt aggrieved by it. I informed
her that I will defend it at all costs; my reasons were: the testator and I
were chatting about Latin at the time of him executing his will. She never
proceeded with the threat.
Under those circumstances [and I point out that it is not exhaustive of
all the circumstance where a will might be invalid; each case is unique] you
might approach the High Court. It is an expensive journey you will embark upon.
THE CASE OF THE SPRINGBOKKIES
If you click on this link, you may read this case; the background was extremely tragic, but oh so human. The testator drafted his will, albeit under suspicious circumstances, then he went to the closest drinking spot and imbibed in some Springbokkies. Not one too many, a lot too many. Back at home, he committed suicide and a woman came to the fore claiming to be his lover. In the end the court gave her what she wanted at the cost of his surviving mother: SPRINGBOKKIES.
If you are not versant with Afrikaans, because the judgment is in
Afrikaans, I suggest that you ask google translate to assist you. You will get
the gist!
Thank you for reading my blog.
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