“For to be free, is not merely to cast of one’s chains, but to live in a way that respects and enhances the freedom of others.”
Nelson Mandela

FIVE REASONS WHY A WILL CAN BE CONTESTED

Read more about this in the next edition
 

The question around the time it will take to wind up an estate is on the lips of numerous people, especially almost every beneficiary of an estate. This is quite understandable because everyone would like to wind up an estate to carry on with a life that has changed forever after losing a loved one. Apart from specific timelines regulated by the law, this is one of those questions that do not have a right or wrong answer.
 
Be assured that, even under the current, sometimes difficult, circumstances, Legatus Trust personnel will always do their utmost to provide the best service possible and will make it a priority to wind up all estates as soon as possible. The speed of service delivery is still being hampered after the ransomware attack on South Africa’s Department of Justice and Constitutional Development (DOJ & CD) systems which took place on 06 September 2021. Even though their systems have been restored, it has created a huge backlog which impacts Legatus Trust’s services as well as the services of some of our other service providers directly. Ultimately we share the same goal as our clients and the next of kin of the deceased, and that is to administer all estates as speedily as possible.
 
Roughly, a deceased estate could take anything from five months (which is practically impossible) up to a couple of years to be wound up. The average time is between nine months to a year for uncomplicated estates. Each estate is unique in its composition and it mainly depends on the size and structure of the deceased’s assets and liabilities. The complexity of an estate will determine the timeframe for this service.
 
When it comes to smaller estates of R250 000 or less, covered under Section 18(3) of the Administration of Estates Act (Act 66 of 1965), it is a fairly simple process because a Letters of Executorship is not required. Normally, a family member is authorised by the Master of the High Court to collect debts, pay the creditors and distribute the remaining assets of the deceased, if any, to the heirs. The concept of a fairly simple process is perhaps used lightly, because even smaller estates can have their own share of complications. Remember that Legatus Trust can also assist in administering estates that fall under Section 18(3).
 
In estates where the value exceeds R250 000, an executor must be appointed to administer the matters of the estate which, in our case, would be Legatus Trust (Pty) Ltd. The following steps will then follow:
 

The executor must deal with different service providers while administering the estate. The levels of service delivery will influence the time it takes to wind up an estate. Service providers include governmental departments (e.g. the Master of the High Court and the South African Revenue Services (SARS)), financial institutions, the deceased’s employer, etc.
 
The Administration of Estates Act prescribes certain processes which carry compulsory time periods, mainly:

 
All of this can only be done by the executor once appointed in the position of executor, which can take time.
 
Owing to complex asset structures or tax issues, it often happens that several L&D accounts must be compiled numerous times before the Master is satisfied and the estate can be finalised.
 
In case of an estate with no complications and where the L&D account gets approved after the first submission, the following is a rough estimate of the timespans of the steps to wind up an estate, with the minimum to maximum number of days needed for each step:

It is quite common for people to suffer from phobias, one of them being buried alive. This is quite an old anecdote dating back to 1758, but during that era, quite a lot of people were mistakenly declared dead and buried alive. This almost happened to the wealthy Hannah Beswick’s brother John as well, which could explain this terrible fear of hers. Most likely, even today, a lot of people could probably relate to Hannah’s fear.
 
Hannah was terrified of being buried alive. Therefore, she instructed in her Will that Dr Charles White must ensure that she was not. Dr White did not bury Hannah but rather embalmed her body. He mummified and wrapped her in tar-infused bandages, leaving her face uncovered and peeping out from a grandfather clock. Not a very appealing picture to imagine! According to Hannah’s wishes, Dr White formally examined her once a year to confirm that she was still dead. Dr White ultimately also inherited her fortune.
 
When Dr White passed away, he left the mummy to a doctor friend in his Will. The mummy was later bequeathed to a museum. In 1868, Hannah was finally given a proper burial in Manchester when it was agreed beyond any doubt that 110 years after she died, that she was certainly dead.