Study Unit 1: The Administration of Deceased Estates

Question 1

Who is the Master?

Answer 1

Supervises the
- administrative process and the
- Executor’s activities, advisory and administrative functions in the process

Question 2

Who is the Executor?

Answer 2

• Person who actively administers the dead’s estate.
• Testamentary executor: nominated in the will
• Dative Executor: Executor nominated by the Master

Question 3

What are the principle functions of the executor?

Answer 3

• Complete relevant estate documents
• lodge all estate documents along with original will with the Master
• advertise to dead’s creditors to submit claims against the estate w/in 30 days
• pay all claims against the estate and creditors

Question 4

Where is information about the estate held?

Answer 4

Liquidation and Distribution account, which is prepared by the executor.
- lies open for objections for 21 days, if none, the executor can finalise the execution of the estate.

Question 5

Is succession a mode of acquisition of ownership?

Answer 5

No
- one can’t acquire something left to them in a will immediately upon death of Testator.

Greenberg v Estate Greenberg

Question 6

What are the requirements for succession to occur in favour of the successor?

Answer 6

• Estate owner must have died/court must have issued order of presumption of death in regard to estate owner.
• Successor must been born at moment of dies cedit or conceived at that time and later been born alive
• Successor must have survived deceased
• Successor must be competent to receive benefit.