Deceased estate rule may change

CONFUSING: CAUSING PROBLEMS IN MASTER’S OFFICE

Master wants regulation 910 to apply to unverified executors without security.

The Master’s Office may soon announce a major policy change about the appointment of “agents” acting on behalf of executors for deceased estates. This comes amid uncertainty about the appointment of executors and agents, requirements related to the lodging of security and fraud in its own offices.

The Master hopes Regulation 910 will soon be recalled in its totality.

Regulation 910 was previously issued by the Minister of Justice in terms of the Attorney’s, Notaries and Conveyancers Act, aimed at enabling attorneys to administer estates. The Act was later repealed, but Regulation 910 was still applied. Regulation 910 indicates who may administer estates but does not explicitly exempt any party from lodging security.

The Administration of Estate’s Act provides for three categories of executors – people who are permanently disqualified, people who administer estates without security and people who administer estates with security.

The Master may demand security from the executor to protect the beneficiaries or creditors.

Acting Chief Master Tessie Bezuidenhout says officials haven’t been using their discretion and have demanded security in cases where it wasn’t appropriate. To ensure there are no more uncertainties or differences of opinion, they want Regulation 910 to only apply the Administration of Estates Act, which provides for people doing estates without security.

Every executor will go through the Master’s own verification system. Where a person cannot obtain security, they’ll be referred to an attorney who can provide security.

Officials have not been using their discretion.