SCORPION ADVISES WILLIAM TO ASK MASTER OF COURT

THE FACTS

William Maseko from Randburg, Joburg said his sister and her husband died on the same day and had a joint will which left their estate to their children. They are survived by one child. The will stated that Standard Bank should be the executor.

After a few months the deceased husband’s brother changed the executor from Standard Bank to his attorney but the family does not know how this happened or on what basis the Master of the High Court authorised the change in executorship.

Since then, the property belonging to the estate has been sold but the money has not been paid into the estate. The surviving child is currently underage and is under the guardianship of the person who had the executorship changed. The girl turns 18 in August and the family are worried she will be deprived of her inheritance by her guardian and his attorney. William wants to know if there anything the family can do.

WHAT I DID

I discussed the query with SCORPION LEGAL PROTECTIONServices to find out what William can do in this situation.

SOLUTION

SCORPION'S  legal advisor said it is common where the person whose will it is, who is known as the testator, makes a will with the assistance of a bank and that the bank is nominated as executor. The testator would also nominate a co-executor, who in most cases would be the testator’s next of kin.

It is the co-executor that does the running around to wind up the estate and reports to the bank as the main executor for their approval and or endorsement.

He further said if there has been property of the estate that has been sold then it is highly likely that the proceeds are kept by the bank in an account that gets interest for the benefit of the minor child. This should be transferred to the child once she attains the age of 18.

The advisor said the family can approach the office of the Master to get an explanation regarding their fears. The Master would be in a better position to indicate how far the process of winding up the estate is and how the deceased brother’s attorney became the executor.