2018-Master-Booklet.pdf - SERVICES OF THE MASTER OF THE...

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SERVICES
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MASTER
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HIGH COURT

TABLE OF CONTENT
ADMINISTRATION OF DECEASED ESTATES ...........................................................................
3
CUSTOMARY LAW OF SUCCESION ......................................................................................
7
DYING WITHOUT A WILL ................................................................................................
10
TRUST ......................................................................................................................
12
THE GUARDIAN’S FUND ..................................................................................................
14
CURATOR ..................................................................................................................
16
FREQUENTLY ASKED QUESTIONS .....................................................................................
20
GLOSSARY OF TERMS ..................................................................................................
30
Guardian’s Fund contact detailS ..............................................................................
30
Issued by Public Education and Communication, 2011
Department of Justice and Constitutional Development.
Private Bag X81, Pretoria, 0001

ADMINISTRATION OF DECEASED ESTATES
3
THE ORIGIN OF A DECEASED ESTATE
A deceased estate comes into existence when a person dies and leaves property or a document which
is a will or is intended as a will. Such an estate must then be administered and distributed in terms of the
deceased’s will or failing a valid will, in terms of the Intestate Succession Act, 81 of 1987. The procedure
which must be followed to administer a deceased’s estate is prescribed by the Administration of Estates
Act, 66 of 1965 (as amended).
WHICH DEATHS MUST BE REPORTED TO THE MASTER?
1. The death of a person who dies within the Republic and leaves property or any document that is a will
or is intended as a will.
2. The death of a person who dies outside of the Republic, but who leaves property and/or any document
that is a will or is intended as a will, in the Republic.
WHERE MUST THE ESTATE BE REPORTED?
• One must distinguish between those instances where the deceased was living within the Republic and
those where he or she was not living within the Republic.
• Where the deceased was living in the Republic, the estate must be reported to the Master in whose area
of jurisdiction the deceased was living 12 months prior to his/her death.
• Where the deceased was not living in the Republic at the time of his/her death, the estate may be
reported to any Master, provided it is reported to only one Master. An affidavit in which it is stated that
the letters of executorship have not already been granted by any other Master in the Republic, must
accompany the reporting documents.
• Since5December2002allMagistrates’OfficeshavebeendeclaredservicepointsfortheMasterandestates
can be reported there. However, these Service Points have limited jurisdiction. All estates with wills, as well as
estates which exceed in value R125 000 where there is no PEAS (Paperless Estate Administration System);
R250 000 where there is PEAS will be transferred to the Provincial Master’s Office. Therefore it is
advisable to report these estates directly to the Master’s Office.

4
WHEN AND BY WHOM MUST ESTATES BE REPORTED?
The estate of a deceased person must be reported to the Master
within 14 days from date of death. The death is to be reported by any
person having control or possession of any property or document that
is or intends to be a will, of the deceased. The estate is reported by
lodging a completed Death Notice and other reporting documents
which may be obtained at any Masters office or Magistrates court or on
HOW TO REPORT AN ESTATE TO THE MASTER OR TO A SERVICE
POINT OF THE MASTER?