What is the process for reporting a deceased estate in South Africa?

An estate must be reported to the Master of the High Court within 14 days of death. We assist with the entire process, from obtaining the Letters of Executorship to the final distribution of assets.

Why should I use an attorney to administer a deceased estate?

Administering an estate is a complex legal process involving tax compliance, creditor notifications, and formal accounting. As LPC-regulated attorneys, we ensure the estate is managed according to the Administration of Estates Act, protecting the interests of heirs and executors.

How long does it take to wind up a deceased estate?

While timelines vary depending on the complexity of the assets, a standard estate typically takes between 6 to 12 months to finalize through the Master's Office.

F.A.Q - Beneficiary Rights and Disputes in South Africa

What Rights Do Beneficiaries Have in a Deceased Estate?

Beneficiaries have the right to receive their inheritance as per the will or Intestate Succession Act, be informed of estate progress, and inspect the Liquidation and Distribution Account. They can also challenge mismanagement by the Executor.

Unsure of your rights? Contact Louwrens Koen Attorneys for expert guidance.

What Happens if a Beneficiary Disagrees with the Will’s Distribution?

Beneficiaries can contest the will if they believe it’s invalid (e.g., due to fraud or undue influence) by applying to the High Court. They must provide evidence, and legal advice is essential to navigate the process.

Can a Beneficiary Request Information About the Estate Administration?

Yes, beneficiaries can request updates from the Executor or Master’s Representative, including details on assets, debts, and distribution plans. The Master of the High Court can also provide access to estate documents.

Need transparency? Louwrens Koen Attorneys can assist you.

Can a Beneficiary Challenge an Executor’s Decisions?

Yes, if an Executor acts negligently, dishonestly, or against the will’s terms, beneficiaries can object to the Master of the High Court or apply to the High Court for removal or corrective action.

What Is the Process for Contesting a Will in South Africa?

To contest a will, file an application with the High Court, providing evidence of invalidity (e.g., lack of mental capacity or coercion). The court may declare the will void, triggering intestate succession or an earlier will.

Can a Beneficiary Be Excluded from a Will, and Can They Challenge It?

A will can exclude beneficiaries, but certain dependents (e.g., minor children or spouses) may claim maintenance from the estate under the Maintenance of Surviving Spouses Act. Excluded heirs can challenge via the High Court.

How Do Disputes Affect the Estate Administration Timeline?

Disputes, such as will contests or beneficiary conflicts, can delay administration by months or years, as the Executor must pause distribution until resolved by mediation or court order.

Facing delays? Louwrens Koen Attorneys can expedite resolutions.

What Role Does the Master of the High Court Play in Beneficiary Disputes?

The Master reviews objections to the Liquidation and Distribution Account and may direct the Executor to amend it. For unresolved disputes, the Master refers parties to the High Court for adjudication.