as the following ; Who can rightfully sell the family home and what is the process ? Who is entitled to the family home after the parents / guardians pass on ? Do grandchildren benefit from the family house after the grandparents have passed on ?
In most townships , relatives live with children that have come to stay with them for various reasons , the question then becomes , do these ‘ adopted ’ relative ’ s children have a right the ownership of the property when the owners are deceased ?.
Involving Attorneys in Order to
Mitigate Disputes Most attorneys dealing with deceased estates will advise that it ’ s best to avoid conflict pertaining to late estates , and that a family must sit-down and appoint an Executor of an estate in terms of the Administration of Estates Act 66 of 1965 as amended ( hereinafter referred to as “ the Act ”).
Once the family agrees on who should be appointed , then this appointed indivdual would then be responsible for the winding up of a Deceased Estate . This involves making sure that the assets , settling liabilities , and obtaining assets and distributing them to the heirs or legatees in the Estate and this is usually guided by a Will of the deceased .
Most of the time there is no Will , and the Law applies , usually fair as it covers all the descendants / heirs , when they are known and found .
“ Family conflict remains the biggest threat towards estate planning .”
Although , in the event that the deceased did not leave a Will behind or it does not provide an Executor , the Master of the High Court will appoint a person competent in law to act as an Executor , and they are known as Executor Dative ( usually the family member or attorney would be the executor ).
Concluding Advice Overall , it is imperative that in managing an estate of the late , clear objectives must be drawn out and those must ensure every family member understands what they entail especially with regards to the law .
Estate planning brings with it the responsibility of motivating families to enhance communication even in unfavourable circumstances , and as such dialogue must forever be the order of to limit any potential risks that may occur as a result . Individuals are further challenged to start communicating what they would like to see once they
44 MARCH 2022 SA Real Estate Investor Magazine