Asked by Floyd on 09-02-2023 23:15:05
Question posted in the General Law category relating to Gauteng
I would like to know what happens in the Deceased Estate when the Estate owner passed away without a valid will. Therefore Rules of the Intestate Act need to followed. In our case, my brother elected himself an Executor and never told anyone. He then went on to get a Letter of Authority, again without anyone knowing. Then he changed Title Deed to his name and his wife's, again without anyone knowing. And I think the process is as follows:
Descendants need to meet and choose an Executor.
They then draft the Affidavit, fill out the Nomination Form, draft a List of Descendants, etc.
Then they need to instruct the Executor to approach the Master's Office with the above documents
Then they instruct Executor who to put in the Title Deed.
So what happens in a Case where someone got the Letter of Authority fraudulently like in our case?
If you would like to view the entire answer, you will need to either login or register a FREE account.
Disclaimer
DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.