Asked by Sylvia on 11-08-2023 16:42:33
Question posted in the General Law category relating to Western Cape

Hi , 

I am having issues with the executor and lawyers handling a deceased estate that I am the beneficiary of.  The papers were filed at the masters court in Cape Town on 04/ 2021 . On the 11/09/2022  they told me they have submitted the final liquidation and distribution account to masters court , since then I cannot get any answer out of either party as to where in the process matters are . Where can I get a report on the status of the estate , the masters portal is so back dated it still shows the estate status as " executor" approved only . 2years 4 months down the line ! 

Posted by Att. Patrick on 13-08-2023 20:18:04

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.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

Are you confident that what the executor is telling you (about the status of the estate) is accurate? In other words, do you know if the L&D account has actually been finalised? Do you know if the executor has submitted it to the Master? Is there a stamped letter which the executor can show you to prove that the L&D account was delivered to the Master?

The executor tells me the L&D was submitted to Masters , I have requested proof on numerous occasions but he has failed to provide this . He referred me to the attorneys, they in turn refer me back to him . I cannot get the truth from either party ! I have even downloaded every government gazette publication for the period this so called L&D has been submitted but fail too find it in any of the final liquidation and distribution notices .

Posted by Att. Patrick on 13-08-2023 20:36:21

If you can't find the L&D advertisement in the government gazette, then the chances that he is telling the truth is slim. 

Why do you not visit the Masters office yourself, and ask to inspect the estate late file? That will have all correspondence sent/received by the Master, including the alleged L&D account with covering letter. 

Then, you can start asking the Master to remove him as the executor on the basis that he is not winding up the estate properly. 

The more noise that you make with the Master, about the executor not doing their job, the better the chance that the Master removes the person as the executor.