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  • Can my child(ren) draw from their inheritance in the Guardian’s Fund?

    Applicants may claim maintenance / allowances from the Guardian’s Fund. Please visit the relevant Master of the High Court’s website for detailed information....
  • What happens to my house if I die without a will?

    Regardless of whether you have a will or not, your estate will still need to be administered upon your passing away and therefore will be in the control of an executor. However, when you pass away without having drawn up ...
  • Can an executor refuse to pay a beneficiary?

    Yes, an executor has the authority to withhold paying an inheritance to a beneficiary of a trust or an heir or legatee, with valid reason. An example of this would be, if the executor deems the beneficiary incapable of managing ...
  • What does an executor of a will have to do?

    An executor of a will is responsible for making sure that all the legal aspects of the will are actioned. The executor is legally liable and accountable to the Master of the High Court but may issue power of attorney ...
  • Do beneficiaries of a will have any rights?

    Yes. The beneficiary(ies) as stipulated in a will have many and various rights. With regards to the process of estate administration, a beneficiary may enquire of an executor or directly from the Master of the High Court’s office ...
  • What is the standard fee for an executor of a will?

    The Administration of Estates Act prescribes a tariff equal to 3.5%, excl. VAT, of the gross value of the estate as the executor’s remuneration or fee. However, the executor may also claim 6%, excl. VAT, on all income ...
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