Claim Against Estate File For Maintenance In Wake
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FAQ
Claims against a decedent's estate must be filed in the Probate Division within two (2) months after the date of the first published notice of Letters Testamentary or of Administration. Once the claim is received, it will be set for hearing. YOU MUST BE PRESENT FOR THE HEARING or your claim will be denied.
There isn't a specific ombudsman for deceased estates in SA; however, the Master of the High Court supervises estate administration (as detailed above) and disputes can be directed to the Master's Office (contact details of the Master in Cape Town are email MasterCapeTown@justice.za and phone +27-21-832-3000); .
Understanding the Deceased Estate 3-Year Rule The core premise of the 3-year rule is that if the deceased's estate is not claimed or administered within three years of their death, the state or governing body may step in and take control of the distribution and management of the assets.
Where compensation is received after the date of death, there can be uncertainty over the value, if any, that should be included in a person's estate for inheritance tax purposes. The right to pursue a claim for compensation is an item of property.
Where the deceased has made a will, the will would appoint one or more executors, also known as a personal representative. Anyone of those executors / personal representatives can bring and/or continue with the claim.
Can you make a claim on behalf of someone else? In short, yes: a parent or guardian can make a claim on behalf of an injured child. They have until the child's 18th birthday to make a claim. The child then has a further three years to make a claim themselves, i.e. until they are age 21.
An estate administrator is the appointed legal representative of the deceased. The legal representative may be a surviving spouse, other family member, executor named in the will or an attorney. In general, the estate administrator: Collects all the assets of the deceased.
The personal representative can bring a claim for losses on behalf of the estate. It is also possible for anyone who was dependent on the deceased (financially or otherwise) to bring a claim in their own right. All claims relating to the same incident would need to be brought at the same time, as one.
Under the LRPMA 1934, eligibility very much depends on if the deceased left a Will. If they did, then the Executor of their Estate, named in the Will, is eligible to bring or continue a claim. If the deceased did not leave a Will, then a set list is followed as outlined in the Administration of Estates Act 1945.
