Part 3: What Can Delay the Finalisation of a Deceased Estate?

In the final part of this series, we consider some of the practical challenges that may arise when administering a deceased estate following an unnatural death.

Although an executor may continue administering many aspects of the estate, certain matters often remain on hold until investigations have been concluded.

Common Causes of Delay

Life Insurance Claims

Life insurers often require the police docket, post-mortem reports and additional information before considering a claim.

Depending on the circumstances of the death and the policy terms, payment may be delayed while investigations are underway.

SARS Compliance

Before a deceased estate can be finalised, all outstanding tax obligations must be addressed, and a tax clearance certificate must be obtained.

The "Bloody Hand" Principle

South African common law recognises "de bloedige hand neemt geen erf", the principle that no person should benefit from their own wrongdoing.

Where a potential heir is alleged or suspected to have unlawfully caused the deceased's death, the executor cannot distribute that person's inheritance until the relevant legal processes have been concluded and their entitlement has been determined.

Additional Requests by the Master

Where the circumstances surrounding the death remain uncertain, the Master of the High Court may request further documentation before allowing the estate to proceed to finalisation.

Practical Guidance for Families

During this difficult period, families can facilitate the administration of the estate by:

• Avoiding distributing or removing the deceased's belongings before an executor has been appointed;

• Obtaining the police case number and investigating officer's details;

• Preserving estate assets, including vehicles and immovable property;

• Retaining important financial records and insurance documentation; and

• Seeking professional advice from an estate administration practitioner.

Final Thoughts

An unnatural death presents legal and practical challenges that is more complex those encountered in the administration of an ordinary deceased estate.

While an inquest or criminal investigation does not prevent the administration of the estate from commencing, it may delay the finalisation of certain aspects until the relevant authorities have concluded their investigations.

Obtaining professional guidance at an early stage can assist families in navigating both the legal requirements and the practical challenges that often arise during this difficult time.

If you require assistance with the administration of a deceased estate, the drafting of a Will or comprehensive estate planning, contact Snymans Inc Attorneys or Snymans Legacy Services for professional advice and assistance.

Written by: Sophia de Klerk
Moderated and approved by: Rohula Kgabu-Mnyayi

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