Chapter 8
Related Sections
1
INTRODUCTION
2
MARRIAGE
3
Draft Marriage Bill (2023)
4
Civil marriages
5
CIVIL UNIONS
6
African customary marriages
7
Muslim and Hindu marriages
8
The rules of civil marriage
9
DIVORCE
10
Divorce in a civil marriage
11
Ending an African customary marriage
12
Ending a Muslim or Hindu marriage
13
The Family Court
14
Arrangements made at the time of divorce
15
CARE AND PROTECTION OF CHILDREN
16
Laws that apply to child care and protection
17
The Children’s Act and Children’s Amendment Act
18
Summary of the Children’s Act
19
Overview of important sections of the Children’s Act
20
CUSTODY, GUARDIANSHIP AND SUPPORT OF CHILDREN
21
Custody or care
22
Guardianship
23
The duty to support children
24
Parental responsibilities and rights
25
Children of African customary unions
26
Children of Muslim or Hindu marriages
27
Adoption of children
28
CHILD ABUSE AND NEGLECT
29
Laws protecting abused and neglected children
30
Reporting child abuse
31
Stopping child abuse using the Domestic Violence Act
32
Child sexual abuse
33
Removing children from abuse or neglect
34
Foster care
35
ABORTION
36
When may a woman have an abortion?
37
Consent to an abortion
38
Who may perform an abortion?
39
DEATH
40
Dying without a will
41
Dying with a will
42
Winding up a dead person’s estate
43
PROBLEMS
44
Problem 1: Getting a divorce
45
Problem 2. Entering into a civil union
46
Problem 3. Adopting a child
47
Problem 4. Getting maintenance through the Maintenance Court
48
Problem 5: Maintenance is not paid
49
Problem 6: Making a will
50
MODEL LETTER
51
Model letter: Request for social worker’s report to assist with application for legal aid
52
CHECKLISTS
53
Checklist: Marriage
54
Checklist: Divorce
55
Checklist: Maintenance
56
Checklist: Child abuse and neglect

Winding up a dead person’s estate

A member of the dead person’s family or a close friend must report the death to the Master of the High Court within 14 days if the deceased person had any property or left a will. If they do not do this, it is a criminal offence. They must get a form called a Death Notice from the Master’s office and fill it in. Anyone who has a copy of the will must also send it to the Master of the High Court.

The dead person’s husband or wife, or nearest relative or close friend must also send an inventory form to the Master within 14 days of the death. This is a list of all the property that belonged to the dead person.

All this property is called the estate. The estate has assets and liabilities. Assets are all the things the person owns. Liabilities are the person’s debts.

The dead person’s estate does not go straight to the heirs. It first goes to the executor.

The executor must draw up an account, adding up all the person’s assets. Then the executor subtracts all the debts from this amount. The executor must pay any income tax the dead person owed and also pay the ‘death duties’ tax on the estate. The executor sends the account to the heirs and to the Master of the High Court. When the Master is satisfied, and the debts are all paid, the rest of the property goes to the heirs.

If things are complicated, for example, if the estate cannot pay all the debts, the executor should consult an attorney to help.

If the dead person’s property is worth less than R250 000, the Master may say an executor is not necessary and appoint a representative and issue a letter of authorisation to confirm their appointment. The Master then gives directions as to how the estate is to be dealt with and usually gives the dead person’s husband or wife permission to keep all the dead person’s property unless they leave a will giving it to someone else.