Administration of Estates

Administration of deceased estates, include advice and guidance, executorships, preparation of all documentation for submission to the Master of the High Court, preparation of agreements, management of estate assets and liabilities, and all related aspects to ensure a successful administration of a deceased estate.

Featured Articles - Estates

How should co-executors of a deceased estate act?

14 December 2021

My mother and I have been appointed as co-executors of my late father’s estate. My mother wants to sell our family home, but I don’t want to. She has however gone ahead and signed a sale agreement without my consent. Can she do this and sell the house without my approval?

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388
Article

Can adopted children benefit from a family trust?

14 June 2021

Sometime before his death, my father established a family trust which contained properties that were rented out to generate income for my mother. In accordance with the trust deed however, once my mother dies, the income from the properties would go to the children of my mother and father. I have an adopted brother and 2 biological sisters. There is now a debate as to whether my adopted brother also qualifies to benefit from the family trust. What is the legal position?

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430
Article

Can an email qualify as a last will?

14 June 2021

My aunt recently passed away suddenly due to Covid-19. In the hunt for her will, it transpired that she had sent an email to her attorney in which she had asked for amendments to be made to her will and for some of the beneficiaries to be removed. The attorney confirmed that he had not had opportunity to draft a new will before my aunt passed. Can her email be seen as her valid last wishes?

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686
Article

Can a testator rule from the grave?

16 March 2021

I was recently appointed as the executor of a deceased estate of a family member. The provisions of the deceased’s last will and testament are very strict and every bequest is subject to some form of condition. Do I have to adhere to the provisions of the last will and testament or did the deceased exceed his right to rule from the grave? 

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563
Article

Who can inherit from a child’s estate?

10 February 2021

I have a friend who has been looking after her grandson since birth when her daughter just walked out on the child after he was born with deformities. My friend managed to obtain a settlement with the hospital for negligence during the birth and now takes care of the child using the money from the settlement. The child is very sick and may not have much time left with the biological mother suddenly making an appearance to try and claim the remainder of the settlement money. Surely my friend is e...

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237
Article

Does your pension payments form part of your insolvent estate?

10 February 2021

I am on the verge of being declared insolvent. In the next few years I will receive pension payouts from my pension fund. I am concerned, though, that my pension will also fall into my insolvent estate and I will lose my pension? Will this happen?

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307
Article

How should co-executors of a deceased estate act?

14 December 2021

My mother and I have been appointed as co-executors of my late father’s estate. My mother wants to sell our family home, but I don’t want to. She has however gone ahead and signed a sale agreement without my consent. Can she do this and sell the house without my approval?

Show more
READ MORE
388
Article

Can adopted children benefit from a family trust?

14 June 2021

Sometime before his death, my father established a family trust which contained properties that were rented out to generate income for my mother. In accordance with the trust deed however, once my mother dies, the income from the properties would go to the children of my mother and father. I have an adopted brother and 2 biological sisters. There is now a debate as to whether my adopted brother also qualifies to benefit from the family trust. What is the legal position?

Show more
READ MORE
430
Article

Can an email qualify as a last will?

14 June 2021

My aunt recently passed away suddenly due to Covid-19. In the hunt for her will, it transpired that she had sent an email to her attorney in which she had asked for amendments to be made to her will and for some of the beneficiaries to be removed. The attorney confirmed that he had not had opportunity to draft a new will before my aunt passed. Can her email be seen as her valid last wishes?

Show more
READ MORE
686
Article

Can a testator rule from the grave?

16 March 2021

I was recently appointed as the executor of a deceased estate of a family member. The provisions of the deceased’s last will and testament are very strict and every bequest is subject to some form of condition. Do I have to adhere to the provisions of the last will and testament or did the deceased exceed his right to rule from the grave? 

Show more
READ MORE
563
Article

Who can inherit from a child’s estate?

10 February 2021

I have a friend who has been looking after her grandson since birth when her daughter just walked out on the child after he was born with deformities. My friend managed to obtain a settlement with the hospital for negligence during the birth and now takes care of the child using the money from the settlement. The child is very sick and may not have much time left with the biological mother suddenly making an appearance to try and claim the remainder of the settlement money. Surely my friend is e...

Show more
READ MORE
237
Article

Does your pension payments form part of your insolvent estate?

10 February 2021

I am on the verge of being declared insolvent. In the next few years I will receive pension payouts from my pension fund. I am concerned, though, that my pension will also fall into my insolvent estate and I will lose my pension? Will this happen?

Show more
READ MORE
307
Article

Can I keep my grandfather’s rifle?

12 October 2020

My grandfather recently passed away and left me his hunting rifle. I’m not sure if I want to keep it, but would like to weigh my options. How does it work? Must I take the rifle?

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238
Article

Who can receive death benefits from a pension fund?

14 January 2020

My father recently passed away, followed two days later by my mother after a terrible car accident. My father was 63 and still permanently employed and contributing to his pension fund. I’m the only child and dependent of my father and was wondering whether my father’s pension fund death benefits will pass to me or my mother’s estate? I ask, as my mother has two children from a preceding marriage that I’m sure will also inherit from her and I wouldn’t want my father...

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227
Article