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

INTRODUCTIONEstate Planning – putting proper plansin placeOften after the death of a family member,people are confronted with overwhelmingand confusing administrative challenges.One of the most simple, yet commonchallenges facing the family of a deceasedperson is the lack of correct documentationsuch as a missing:• identity document• birth certificate• marriage certificate• Insurance policyNot having the correct documentationadds to the administrative burden of thedeceased’s family because they will needto sort out the missing documentationafter the person has died.If proper plans are put in place when weare well and our minds are still clear, thestress of coping with such challenges isgreatly reduced. Simple preparationbefore death – called estate planning –helps with making decisions about:• What documentation is necessary• Where your important documentsare to be kept.• What you would like to have in placefor your loved ones after you are nolonger around to care or provide forthem.• The importance of having a will /ornot. At least providing adequateinstructions about the property thatyou own, your savings accounts andother financial investments such as apension or insurance.‘The old man never had an IDso when he was killed themortuary treated his body withno respect and they refused tokeep his body at the mortuary.We had to run around and findthe chief in his area who wouldallow the old man to be buriedquickly because the mortuarywanted to throw him out.Luckily we found his birthcertificate.’Terms you will find in this chapterAdministration: organising and takingcare of paper work and office tasksAssets: property you own such as yourhouse, your car, your furniture, yourbooks and your money. Your assets canhelp to pay off any outstanding debts.Best interests of the child: If there is aconflict between the child’s interestand the parents’ rights then the child’sinterest comes firstBurial order: an order that is made oncethe death has been registered. Thisallows the person to be buried.Care: The day-to-day care and personalgrowth of a minor child. Making surethe child is fed, clothed, healthy, lovedand nurtured.Customary succession: inheritingaccording to traditional African law.Death notice: a government form thatneeds to be filled in by someone whoknows the personal details of thedeceased and is able to identify thedeceased.Death certificate: this is a governmentform issued by the Department ofHome Affairs. A funeral director orundertaker can help you get one.Debt: money you owe to someone,referred to as liabilities when dealingwith deceased estatesEstate: all the things and the moneyowned by the person who has died –sometimes referred to as a deceasedestateExecutor: the person, appointed by theMaster of the High Court, who windsup and administers the deceased estate,helping with the distribution of theproperty. making sure your property isdivided up according to your wishes asset out in the will. See executor’s duties.Formalities: set rules that must befollowed to make something legalFreedom of testation: people have thefreedom to decide what they want todo with their property after they dieGuardianship: the legal responsibilityof a minor child.Heirs: a person who inheritsHigh Court: the supreme guardian ofall childrenInheritance: property, belongings ormoney left to someone by a deceasedpersonIntend: you mean to do something andyou understand what you are doingIntestate: dying without a willMarital regime: the type of marriagecontract that you have entered intowith your spouse (see inset below)Master of the High Court: governmentofficial with the duty to oversee theproper administration or proper windingup of deceased estates. There is aMaster’s Office in every provinceSpouse: the person to whom thedeceased was married. This will be thehusband or wife, or partner in a samesex marriageTestate: dying with a willTrustee: a person appointed by the HighCourt to take care of a child’s/person’sestateWinding up: closing down a person’sestate, a person’s propertyChapter 12 | Dying and The Law179