Frequently asked questions

Why is it important to have a will?
Is there a formal “reading of the will” by the executor?

There is no official “Reading of the Will”, however, a copy of the last will and testament can be released to the residuary heirs directly on death, on receipt of a certified copy of the death certificate.

What is the process to follow when the death certificate reflects incorrect marital status?

The death certificate must be corrected prior to an executor being able to report the estate to the relevant Master of the High Court, you may resolve this by engaging with to the funeral home and supplying them with copies of the marriage certificate, divorce order and/or ANC and request for the funeral home to correct marital status with home affairs or alternatively you may go to the department of home affairs directly and correct this. On receipt of corrected death certificate, the executors can then proceed to report the estate to the master of the high court.

Can I use a power of attorney on behalf of the deceased?

A power of attorney issued prior to date of death ceases upon date of death and becomes null and void and cannot be used.

Can I use or withdraw funds from the deceased bank account after date of death?

Withdrawing funds or alternatively transacting a deceased persons debit/cheque or credit facility after date of death is strictly prohibited

How do I deal with claims against the estate?

Claims or creditors, this refers to all liabilities: e.g., loans, credit cards, funeral costs, Dr’s bills, retail accounts etc – it is in the beneficiary’s best interest to settle these accounts should they be able to do so, specifically if accounts are accruing interest and submit invoices and proof of payments to the executor, to ensure they are refunded once the estate has funds available. It is important to note all debt accrues interest until settled.

What documents are needed to report an estate to Legatee Trust Services?

Original will (if applicable), death certificate, deceased identity document, marriage certificate (if applicable), Antenuptial agreement (if applicable), details of all assets and liabilities, contact details for all heirs.

What constitutes an “estate” of a deceased?

A simple definition is all property, fixed and movables, investments, shares, bank accounts, worldwide

How do I choose an executor for my estate?

Nominating a suitable executor is crucial to your estate planning, as this person literally steps into your shoes, once formally appoint by the Master of the High Court. Important factors to consider is the person suitably qualified and experienced in deceased estate administration, how many estates have they administered, how many appointments of executor/executrix have they taken up, are they fully capable to deal with all regulatory aspects of estate administration (SARS, offshore assets, etc).