Dying and The Law - Hospice Palliative Care Association of South ...

More documents

Recommendations

Info

THE LEGAL PROCESS AFTER SOMEONE DIESAdministrator's dutiesFor estates that too small for anexecutor to be appointed anadministrator is appointedinstead. The Master will issuesection 18(3), ‘letters of authority’,which will give this person theauthority to administer the estate– meaning that he/she cancollect together all the moneyowed to the estate, pay of thedebts, sort out the banking andthen finally pay off the heirs.The procedure is very simple,but if the Master has anyconcerns about the process he/she can ask the administrator toshow proof of how the estatewas finally sorted out. Thismeans that the administratorwill have to give the Masterreceipts, invoices, statementsand affidavits showing howhe/she administered thedeceased estate. Once theadministrator has supplied theMaster with all the necessaryproof, and the Master is satisfiedwith the administration, theaccount will be closed.The executor’s duties – a step by step processThe nominated executor needs to meet with the family to collect relevantdocuments and information such as the deceased’s:• identity documents,• banking details• property details – including title deeds• any policies and• any debts that the deceased may have had.These details are important for the family members to gather together as theywill help in sorting out the inventory that the Masters Office will need.The executor then reports the estate to the Master with the relevant documentssuch as:• the death notice,• death certificate (if needed) and,• the original will, if there is one.• The inventory,• A form stating acceptance of trust as the executor.The Master will then appoint the executor by sending him/her ‘letters of executorship’.• The executor must then arrange for a valuation of the estate.• The executor puts a notice in the paper and asks all the creditors to comeforward. The creditors have 30 days to come forward.• The executor must open a bank account for the deceased estate and depositall the money from the estate into this account.If an executor needs help, hecan ask for assistance fromsomeone who knows. This couldbe a lawyer, an accountant orthe manager of a bankinginstitution. He can even hire alawyer to assist with the aboveduties and responsibilities. Thisperson will usually charge a feeor a percentage of the value ofthe estateFor furtherinformationFor information regarding theforms that the Master's Officewill need, please refer to theresources section at the back ofthe book.190 Chapter 12 | Dying and The LawAfter the executor has gathered together all the information regarding the propertyin the deceased estate, the executor will be able to decide if the deceased person’sassets are more than his/her debts and that s/he is therefore solvent.Finally the executor needs to start planning to liquidate the deceased estate:• The executor contacts the beneficiaries and explains the procedure to themand asks for their opinion on certain matters about the estate.• The debts are then subtracted from the total amount of the assets. All of thedebts are then paid.• There are also death duties on estates – these are death taxes. If the estateis small there are no costs or they are minimal.• The executor sends the final account to the Master of the High Court. Theaccount lies at the Master’s Office to allow people to inspect it.If there are no objections to the account and the Master is satisfied, the executorcan then pay the heirs their inheritance.• The executor must then send the Master copies of receipts from the heirsshowing that they have received their inheritance.• The executor is then released from his/her duties by the Master.
WHEN SOMEONE DIES AT HOMEWhen someone dies at home, thecaregiver or family members need to becareful about taking care of themselvesat this time – both emotionally andphysically. When someone dies, andthere is no doctor or nurse there to help,certain things need to be done orsomeone trustworthy asked to assist.• Close the person’s eyes and contactsomeone who can help you – it willbe better if that person is your homebasedcarer, a nurse or a doctor.• If there is going to be a delay until adoctor, funeral director or SAPS canget to you, then the body may needcleaning.• Cover any wounds or sores, takingcare to cover your hands with glovesor plastic bags.• Put a cloth between the legs and upunder the buttocks.• Put clean clothes on the deceasedperson, if you are able.• Remove all pillows.• Straighten the body and limbs (armsand legs).If a medical practitioner arrives he/sheneeds to give you the medical certificateof death. This will explain the cause ofdeath. This is not the death certificate.The medical practitioner will hand thedocuments to next-of-kin or to thefuneral undertaker. If a medicalpractitioner is not available then youshould contact a funeral company assoon as possible as you will needsomeone to help you remove the bodyand prepare it for burial. In rural areasthe traditional leader or SAPS can assistin dealing with the removal of a deceasedperson.The funeral director may need thefollowing documents from you:• the deceased’s ID document or• an official document that will showthe deceased’s date and place ofbirth and place of death• details of any hazardous work thatthe deceased was employed to do –if relevant• details of any funeral policies, burialsocieties or pre-paid plans• the medical certificate issued by themedical practitioner.NotesChapter 12 | Dying and The Law191
Page 1 and 2: CHAPTER12Dying and The LawIntroduct
Page 3 and 4: INTRODUCTIONEstate Planning - putti
Page 5 and 6: DYING WITH A WILL - TESTATE SUCCESS
Page 7 and 8: DYING WITH A WILL - TESTATE SUCCESS
Page 9 and 10: DYING WITHOUT A WILL: INTESTATE SUC
Page 11 and 12: CUSTOMARY LAW OF INHERITANCEIntesta
Page 13: THE LEGAL PROCESS AFTER SOMEONE DIE
Page 17 and 18: FINAL CHECKIt is very difficult to

Dying and The Law - Hospice Palliative Care Association of South ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?