In terms of section 35(1)(a) of the Administration of Estates Act 66 of 1965, an executor of a deceased estate shall, within six months after letters of executorship have been granted to him, submit to the Master of the High Court, an account in the prescribed form of the liquidation and distribution of the estate.

The drafting of a liquidation and distribution account requires the necessary expertise and that is where our law firm comes in.

In instances where the deceased left behind a will or a codicil in which he/she has appointed an executor, our firm is able to act as the appointed agent of the executor of the deceased estate. As the executor’s agent, we will make use of our legal expertise to ensure that not only the liquidation and distribution account is lodged with the office of the Master within the prescribed period, but further that a notice of the deceased’s death is given in the prescribed manner, that all assets of the deceased and beneficiaries of the deceased’s estate are located. Our firm also attends to ensure that all creditors of the deceased estate are notified timeously in the prescribed manner.

In instances where the deceased died intestate, or where no administrator has been nominated in a valid will, or where the nominated administrator is untraceable, incapable or refuses to act, or where the nominated administrator in a will is deceased and no provision is made in the will to substitute, or the nominated administrator in the will, when called upon by the Master, by notice in writing to take out a letter of appointment within the period specified by the Master, fails to respond to the Master’s request, our office is able to assist all interested parties to nominate, in writing, a person to be appointed as executor / Master’s Representative and proceed to act as agents of the person so appointed, thereby administering the deceased estate on his/her behalf.

Before a deceased estate is administered, it is mandatory to establish whether the estate is to be administered in accordance with the Intestate Succession Act 81 of 1987 or the Wills Act 49 of 1996.

It is also important to establish whether the deceased was married, and the type of matrimonial regime applicable, whether the deceased is survived by his/her spouse, and whether or not the deceased had children.

If a deceased estate is not properly administered, the beneficiaries and creditors stand to be prejudiced.

In terms of Section 50(1) of the Administration of Estates Act, any executor who makes a distribution otherwise than in accordance with the Act, shall be personally liable to make good to any heir and to any claimant whose claim was lodged within the prescribed period and any loss sustained by the heir in respect of the benefit to which he is entitled.