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How do you settle a persons estate


CandiceM

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Hi All,

My uncle died back in SA a couple of months ago. He died with nothing and didn't have a will. Now someone is claiming that my uncle owed them money, and is threatening legal action against my sister to claim the money back (he says she gave her verbal consent to pay the money back and has a witness....I think he is talking absolute rubbish as she would never have stood sureity for my uncle).

Now I have sort of get the things moving so he can claim against the estate...which to the best of my knowledge is worth and old broken fridge and washing machine. So he can claim away....

How do I go about starting this process and what does it entail? And would this guy (who says he has a lot of legal knowledge...but is really just a con artist :ilikeit: have a leg to stand on.) I just want to get this sorted ASAP so that my sister will stop being harrased by him (telephone calls, faxes to her work place, emails and threats)

Thanks Candice

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Hi All,

My uncle died back in SA a couple of months ago. He died with nothing and didn't have a will. Now someone is claiming that my uncle owed them money, and is threatening legal action against my sister to claim the money back (he says she gave her verbal consent to pay the money back and has a witness....I think he is talking absolute rubbish as she would never have stood sureity for my uncle).

Now I have sort of get the things moving so he can claim against the estate...which to the best of my knowledge is worth and old broken fridge and washing machine. So he can claim away....

How do I go about starting this process and what does it entail? And would this guy (who says he has a lot of legal knowledge...but is really just a con artist :ilikeit: have a leg to stand on.) I just want to get this sorted ASAP so that my sister will stop being harrased by him (telephone calls, faxes to her work place, emails and threats)

Thanks Candice

Creditors can only claim against the estate of your uncle, and unless the surety was reduced in writing and signed, other guy's got sweet old f#$%all (exuse my french)against your sister. Your sister should deny any knowledge of such verbal agreement, and in principle any verbal agreement is almost impossible to prove unless it was recorded.

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Just leave it! It's not worth it. He can't do ANYTHING!

I handled my father's estate and it took 2 years to resolve. It was one of the most stressful things I ever has to do. In this case it's more of a mission cause he didn't have a will. He was your uncle...not your father so you have no responiblity to do this.

The first thing is usually to register his death with the Master of the High Court and get a master reference number. They will appoint an executor who will handle the estate. To make a very loooong story short...eventually down line (after all his assets and stuff have been sorted out), the executor needs to advertise that anyone who has a claim against the estate should come forward. If he doesn't read the newspapers...his loss. If he does and he wants to lodge his claim...good luck to him. If there's no money in the estate to pay him with he'll get bugger all anyway!

TRUST ME....you don't want to get involved. It's a really ugly process and is going to take a lot of your time!

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  • 7 years later...
Guest Kodacat

Hello everyone

I am from Canada and I am looking for some tips/advice on settling my mom's estate in South Africa.

She left South Africa to come and live with us in Canada and became a Canadian citizen after a few years (she did not retain her South African citizenship).

She made a new will in Canada and appointed me as her  executor.

Her pension from South Africa was paid into a non-resident account with Standard bank and then the money transferred to Canada once a month. The total amount in the Standard bank account is approx R8000

She has no other assets/property in South Africa. 

Standard bank and SARS informed me that they require a Letter of Executorship/Authortiy from the Master of the High Court before any further steps can be taken to close her account and to get a final tax assessment. They will not acknowledge that I have the authority to deal with my mom's estate.

I have posted this topic in SACANADA but no-one was able to help.

So, I am hoping someone here will be able to assist me.

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@Kodacat I have sent you a personal message.

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