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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1264
Experience:  BCom; LLB; Masters in Law
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We are in the process of winding up my late Mom's estate.

Customer Question

Good day,
We are in the process of winding up my late Mom's estate. One of the assets in the estate is a weeks timeshare at Mabula. The annual levy for that week is around R10,000 for the 2 bed unit, which is also not in school holidays. As a result, none of the heirs are keen to assume this annual burden for something that will never be used. Reading from your previous replies it would seem that we have no solution to this - we have to be able to sell it or give it to some one in order to get rid of that annual levy?
Submitted: 7 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 7 months ago.

Hi there,

There is no obligation on the heirs to an estate to accept an "asset" such as a timeshare week. The asset therefore continues to belong to the estate. The heirs can't be held liable for the levies for the timeshare week personally.

The executor of the estate should write to RCI to explain that the timeshare week has not been left to an heir, and accordingly it remains in the estate. Explain that the estate doesn't have the money to pay the annual levies, and accordingly the estate can't be wound up. The estate will then lie open forever, and the levies will never be paid.

RCI will then have the option of suing the estate and getting a judgment which can't be paid, or to sequestrate the estate and never receive anything.

Essentially RCI can't hold the heirs responsible, but they will try their very best to make an heir take responsibility.

Expert:  CaseLaw replied 7 months ago.

Start by seeing if you can sell the timeshare. You should check with the timeshare operator what options you might have to sell it. If the timeshare is part of a large hotel chain, they may be willing to sell it for you and keep a hefty commission. At least you'll get something out of it. Otherwise, the operator might suggest names of companies you might be able to use to sell it.

Even if you were to sell the points for NIL.