What are Deceased Estates?
In South African law, a deceased estate refers to the assets, liabilities, and legal obligations left behind by a person who has passed away. Deceased estates are subject to specific legal processes and procedures to ensure the proper administration and distribution of the deceased person’s assets and settling of their debts. Here are key aspects of deceased estates in South African law:
How we can help you
Dealing with the passing of a loved one can be a challenging experience, and that’s where SNR Associates Inc offers invaluable support. Our law firm specializes in the meticulous administration of deceased estates. We understand the significance of entrusting this process to seasoned professionals. Our compassionate team guides you through every aspect, from the legal intricacies of estate planning to the detailed responsibilities of estate administration. We ensure the preservation of your loved one’s wishes and legacy. With SNR Associates Inc, you’ll find empathetic assistance and a comprehensive approach to estate matters during this difficult time.
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Frequently Asked Questions
When an estate is reported to the Master of the High Court in your jurisdiction, estate documentation must be compiled and handed over. The estate process takes as quick as ^ months but generally takes a year if all documentation is in order.
In South Africa, a legally valid will is governed by the requirements outlined in the Wills Act of 1953 (as amended). To create a valid will in South Africa, it must meet the following key requirements:
- The testator (person making the will) must be at least 16 years old at the date of the will.
- The will must be a physical document that is either handwritten, typed or printed.
- The testator must sign the will.
- Witnesses
- Testator’s Signature and witness Signatures
- Date
- Testator’s Intentions
- Executor, Clauses and Final Wishes
It's essential to consult with a qualified attorney or legal expert when creating a will in South Africa to ensure that it complies with all legal requirements and is properly drafted to reflect your wishes. Failing to meet these requirements can lead to the will being declared invalid, which may result in your assets being distributed according to South African intestate succession laws rather than your specific instructions.
When there is no will or if the will is invalidated due to not being properly drafted, your estate will be administered according to Intestate Succession.
This process calls for all of your heirs to be noted through an affidavit in the following order, surviving spouse, children, parents, siblings and other family members. The heirs nominate an Executor of the estate and the estate is administered by the Executor.
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