- When someone dies, their estate is immediately frozen and must be reported to the Master of the High Court within 14 days.
- All estates are handled under the Administration of Estates Act, whether there’s a valid will.
- The Constitutional Court’s Bhe ruling transformed customary succession, safeguarding spouses, children, and vulnerable heirs.
Losing a loved one is never easy, and in South Africa, it also sets in motion a legal process to manage everything they leave behind. A deceased estate includes all property, money, and possessions, and the law ensures debts are settled and heirs are protected.
From the moment of death, the estate is frozen. Bank accounts can’t be accessed, and assets can’t be sold until the Master of the High Court gives the green light.
This can be incredibly tough for families. If the deceased was married in community of property, both spouses’ assets are frozen. Suddenly, the surviving spouse may find themselves without access to money for everyday needs, right when support is most needed.
Reporting a deceased estate
By law, if someone dies leaving property or a will in South Africa, their estate must be reported to the Master of the High Court within 14 days. The person who has the deceased’s property or must submit a death notice and reporting documents to the Master’s Office or a designated Magistrate’s service point.
Not all offices have the same authority. If the estate is worth more than R125 000 or includes a will, it goes to a provincial Master’s Office. Since October 2023, there’s a new online registration system, designed to make a difficult time a little easier for families.
Wills and intestate succession
Everyone over 16 can draft a will, specifying how their assets should be shared. If there’s a valid will, it must be followed. If not, the Intestate Succession Act steps in.
Many people worry that if you die without a will, the state takes everything. That’s a myth. The law sets out a clear order; first the spouse, then children, then parents, then siblings. Family comes first, but disputes can still arise if expectations differ from what the law prescribes.
The role of customary law
Customary unions add another layer to estate administration. Proof of marriage usually comes in the form of a certificate under the Recognition of Customary Marriages Act, but where that’s missing, family or community members can testify.
The Constitutional Court’s landmark Bhe v Magistrate Khayelitsha (2004) case changed everything. Before, under customary succession, a man’s estate might go to his father, excluding women and children. The court found this was unconstitutional, as it discriminated based on gender and birth.
Today, estates are distributed according to the Intestate Succession Act, which now covers polygamous customary marriages. For example, if a man leaves behind multiple wives but no children, each wife inherits equally. Where both spouses and children survive, all inherit equally, with each wife receiving at least R250 000 before the rest is shared.
Why planning matters
Another result of the Bhe decision was that only the Master of the High Court now supervises estates, not magistrates. The Master appoints executors or suitable people to carry out the law, though they don’t manage estates directly.
Importantly, you can still state in a will that your estate should be handled according to customary law, if it doesn’t leave vulnerable heirs at a disadvantage. This lets families honour tradition while staying within the Constitution.
The bottom line? Planning ahead makes all the difference. Having a valid will gives your loved one’s clarity, helps prevent disputes, and eases the burden during an already painful time.
Conviction.co.za
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