When Tragedy Strikes: What Happens to an Estate?

Losing a loved one is a difficult and emotional experience. When the death is sudden, families find themselves dealing not only with grief but also with additional legal and administrative processes.

An unnatural death refers to a death resulting from external causes other than natural disease. Examples include motor vehicle accidents, suspected criminal acts, suicide, sudden unexplained deaths and certain medical procedure-related complications.

Although an unnatural death does not automatically prevent the administration of a deceased estate, it often introduces additional investigations that may delay certain aspects of the estate administration. In most cases, the estate can still be reported to the Master of the High Court, and an executor may still be appointed. However, criminal investigations, inquests and insurance enquiries may delay the finalisation of certain aspects of the estate.

What Happens Immediately After an Unnatural Death?

Unlike a natural death, where the attending medical practitioner may issue the required documentation, an unnatural death triggers the involvement of several government authorities before the estate administration can proceed as normal:

1. The South African Police Service (SAPS)

• Scene Control: SAPS must be called immediately. They take control of the scene and open an inquest docket.

• Body Removal: The body may not be removed by a private undertaker until authorised by the investigating authorities.

• Investigation: The police gather evidence to determine if a criminal act or omission caused the death.

2. Forensic Pathology Services (State Mortuary)

• Compulsory Autopsy: A dedicated state pathologist conducts a medico-legal post-mortem examination to determine the medical cause of death.

• Identification: ln most cases, formal identification must be made by a close relative before the body can be released for burial or cremation.

• Documentation: The pathologist issues a Notice of Death (Form DHA-1663). For unnatural deaths, the section recording the exact "cause of death" may initially be marked "under investigation" or "unnatural" pending full toxicology and laboratory results.

3. The Department of Home Affairs

• Registration: The DHA-1663 form, along with the deceased's identity document and the informant's ID, must be submitted to Home Affairs.

• Death Certificate: Home Affairs registers the death and issues an official Death Certificate. Even if the circumstances surrounding the death remain under investigation, the death certificate is generated, allowing the family to plan the funeral.

Why Does This Matter for the Deceased Estate?

Many families assume because the matter is under police investigation, nothing can happen with the administration of the deceased estate until the investigation has been concluded.

This is not the case.

In most instances, the estate administration can begin while the investigation continues. However, certain aspects of the administration may only be finalised once the relevant authorities have completed their investigations.

In Part 2, we examine the role of the Master of the High Court, how an executor is appointed, and which parts of the estate administration may continue while an inquest or criminal investigation is still underway.

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

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