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

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FUNERALS AND PLANNINGNote: Where there is no HomeAffairs office in the area thenthe nearest police station willbe appropriate.NotesBe careful: Having an expensivefuneral is not always advisable.Families need to show their loveand respect for the departedbut sometimes people takeadvantage of this wish and itmay place an unnecessaryburden on the relatives of thedeceased.The death must be reported to theRegistrar of Births and Deaths (HomeAffairs) as soon as possible. If the deathtakes place in the city, the notice of deathmust be handed to the registrar within24 hours. If it takes place in the rural areas,it should be handed in within 14 days.After registration of the death the familywill receive a death certificate and aburial order. This allows them to proceedwith the burial of their family member.After the necessary documents listedabove have been handed in and thefuneral director has been instructed asto the family’s wishes, he/she will thenassist with a number of decisions to bemade.When someone dies,the family has tomake many decisions. Some of these arelisted below:• They will need to decide whetherthey want to arrange a burial or acremation, according to their beliefs.If there is a will, sometimes thedeceased will give specific instructionsabout this. For those of the Muslimor Jewish faith, there will be a senseof urgency to arrange the burial.Then:• Christians will need to considerwhere the funeral service should beheld - in the local church, at acrematorium chapel, even in thehome or at the graveside.• Muslims will need to gather themourners for the funeral prayers,traditionally said outside in acourtyard or outside the mosque,before the men only proceed to thegraveside. After the burial there willbe three days of mourning.• Jews will want to accompany thebody to the graveside in a processioncalled the “levayah” and afterwardsorganise the “shivah” or seven daysof mourning.• African Traditional religions will needto arrange the burial for a time whenthe family and the community cangather for several days of mourningat the ancestral home of thedeceased, if at all possible.• Who will officiate (run the service orprayers)? This is usually a churchminister, the Rabbi or the Imam.Family and friends may also want tosay something at the funeral.BurialAfter the registration of death and theissuing of a burial notice, the burial cantake place at an approved burial site asit is illegal to bury people on your ownproperty or in an open plot of land. Burialscost money so you need to find outabout the costs and select the burial thatyou can afford. Do not spend money thatyou do not have.Pauper’s Funeral (Burial)Some people may be unable to afford topay for the burial of a loved one. Manypeople belong to burial societies, or theyhave an agreement with a funeral parlour.If there is no money for the burial, thefamily may apply to the municipality(under cemetries) or the department ofhealth for a pauper’s funeral. This is avery simple funeral with a simple coffinmade of pine and no tombstone is puton the grave. You may also find that incertain provinces the body may becremated.192 Chapter 12 | Dying and The Law
FINAL CHECKIt is very difficult to be a carefulconsumer when you are mourning theloss of a loved one, but there are somematters that people need to be carefulof:• being persuaded to spend all yourmoney on an expensive coffin or anexpensive tombstone• spending money on an expensiveflower arrangement, or even severalflower arrangements.• spending too much money onrefreshments• being persuaded, by any of the serviceproviders, shop owners or funeralparlours, to sign a blank form or aform where the numbers have beenpenciled in• not checking up on the hidden costsinvolved – hidden costs like storageof the body, transport and so on.What you should do if you areuncertain is• Pay for what you can afford – respector love for the deceased can beshown in many other ways. Thewords you say at the funeral, the wayin which the service is held are allways of showing respect and lovefor the person who has died.• Make careful enquiries about all thecosts involved. Do not let peopleintimidate or confuse you.• Do not be embarrassed to ask if youare not sure what you are signing.• Contact the nearest legal aid office,advice office or Pro Bono.Org officeif you have any problems.BIBLIOGRAPHYColgan, D. (et al) Children’s Act Explained, Booklets 1 to 3, UNICEF/Department of Social Development 2009.http://www.unicef.org/southafrica/SAF_resources_childact1.pdfColgan, D. Succession Planning Booklet and Facilitation Guide. UNICEF/Department of Social Development 2009. Updated 2011.Jamneck J (ed) and Rautenbach C (ed). The Law of Succession in South Africa, Oxford Uni Press 2009The Master’s Office. http://www.justice.gov.za/master/about.htmRELEVANT LEGISLATIONIntestate Succession Act of 1987Law of Succession Amendment Act 1997The Children's Act 2005Wills Act 1953, as amendedChapter 12 | Dying and The Law193
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 and 14: THE LEGAL PROCESS AFTER SOMEONE DIE
Page 15: WHEN SOMEONE DIES AT HOMEWhen someo

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