Question posted in the General Law category relating to Eastern Cape
Anna ,Bold ,Caddy ,Dan and Een are siblings. Anna lived in our childhood home which she inherited after the death of the mother.
Anna died without a will and is not married and has no kids.
Een also died and is survived by two adult children , S and R.
Therefore, the remaining siblings and S and R are the benefacaries.
Bold met with Dan and was told that Bold himself and Caddy do not want the house. Bold proposed that if Dan wants the house he can take it but the house price will be deducted from the monetary inheritance of Dan from the estate.
S and R are unware of the proposal.
Also, Bold is not the executor of the estate his daughter Samantha is the executor. And Samantha has never communicated anything with Dan and S and R.
Can you please advise on this situation. Is this the proper proposed procedure? I am not sure. The house is a family home, where we all grew up.
Answer to the Question
Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
Okay, so the first thing is that because Anna died intestate, without a husband or children, her estate devolves in terms of the laws of intestate succession on her surviving siblings. i.e. Bold, Caddy and Dan.
I am assuming that Een is already passed away. If this is the case, then she won't inherit anything, and her kids (S & R) won't inherit anything. The only way for S & R to inherit something is if Anna died leaving a Will, and that Will specifically said that she leaves her assets to her siblings with representations per stirpes. But she didn't.
If this is a wrong assumption, and Een passed away AFTER Anna died, then Een's estate is the beneficiary of Anna's estate. Ultimately, S & R will receive that portion of the inheritance, however it is wrong to say that S & R are Anna's heirs, because they are not directly. Indirectly yes.
What Bold proposed to Dan is perfectly legal, however Dan and Caddy would need to agree to this. If there was a Will, we would call this a Redistribution Agreement. Since there is no Will, as long as each of Bold, Caddy and Dan receive an equal value of the estate, the Master won't care how the actual assets are split up.
If Een passed away after Anna, then Een's executor would need to agree with Bold, Caddy and Dan in relation to the above asset split.
Whatever agreement is reached must be communicated to the executor so that she can include same in the Estate Late Account which needs to be filed with the Master.
If Bold, Caddy, Dan and Een's executor reach an agreement AFTER there has been a distribution of assets, then this does NOT need to be communicated to Samantha.
Does this all make sense?
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