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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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What happens in the event where one beneficiary to an estate

Customer Question

What happens in the event where one beneficiary to an estate does not want to sign as a result of not being satisfied with certain isdies? Can the other beneficiaries still get their part of the estate?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.
Good eveningIn order to provide you with the most accurate answer, I may have to ask you a lot of questions. This may seem tedious and irrelevant, but trust me, there is a reason for every question. So please be patient throughout the process and if it takes a little long for me to come back to you, it is probably because I am researching your answer. I hope that is okay.What is it that the beneficiary needs to sign?
Customer: replied 1 year ago.
I am under the impression that a beneficiary may not wsnt to sign if not in agreement with the executor. If so can the other beneficiaries still get thri part of the estate?
Customer: replied 1 year ago.
There is a dispute our siblings and I am not prepared to accept the outcome of the executor. What is my recourse?
Expert:  WCLawyer replied 1 year ago.
At some stage, the executor needs to present his Liquidation and Distribution Account to the Master of the High Court or at the Magistrates Court, where it must lay for inspection by all that have an interest in the estate to inspect. Has that happened yet?
Customer: replied 1 year ago.
Not as far as I know - he does not keep us updated. Should he inform us when this will happen? What do I do if I am not happy with the liquidation and distribution report?
Expert:  WCLawyer replied 1 year ago.
There is no requirement that he need to inform you to do this. He must, however, advertise in the local newspaper that the account has been submitted and where. So, you need to start reading the classifieds and periodically check with the Master's representative whether the account has been filed or not. Once the account is filed, then this is when you need to react. You need to file an affidavit with the Master or his representative in which you object to the account and set out the reasons for your objections. The Master will then make a decision on whether to uphold your objections or to reject it. If the Master rejects your objection, then you have thirty days to refer the matter to a High Court. So, you would then approach an attorney (if you wish to take the objection further) who will assist you in applying to the High Court for an order to direct the Executor to amend his Liquidation and Distribution account.I hope I have answered all of your questions and addressed all your concerns, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.