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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1534
Experience:  BCom; LLB; Masters in Law
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A curatorship letter was issued 15 years after the death of

Customer Question

A curatorship letter was issued 15 years after the death of my uncle (to his customary law/ traditional wife by a local magistrate? Is this not fraud? Estate was worth over R500 000
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: South Africa
JA: Has anything been filed or reported?
Customer: Estate was winding up was concluded in 1 year.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 9 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 9 months ago.

Hi there,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

This is a further information request so that I can provide you a proper answer to your legal question. Please continue in this same question thread.

Can you provide me with a copy of this curatorship letter? The reason I'm asking is that ONLY a high court can place somebody under curatorship, and only the high court can appoint the curator. It is done by way of a court order - not a letter from a magistrate.

Awaiting your further information.



Customer: replied 9 months ago.
Sorry, it's Executorship letter, not curatorship
Expert:  CaseLaw replied 9 months ago.

The letters of executorship are to be issued by the Master of the High Court, once the estate has been reported to the Master's offices. A Magistrate does not issue letters of executorship, so if that's what happened, then it is a fraudulent document. Did the "executor" wind up the estate, and draw up a liquidation and distribution account, and submit it to the Master's offices? Is there an estate number on the document?

I'm not too sure what you're asking...

Customer: replied 9 months ago.
The deceased was married (civil) to someone else at the time of death and this 'Executor' was a lover or 'customary law' wife so the winding up was not done by her.
Customer: replied 9 months ago.
Background : Apparently the estate was wound-up within 24 months (Date of Death : 07/01/2001) and the Magistrate stamp on 'Executorship letter' is dated 15/03/2016 which is more than 15 years after death date.
Also, the deceased was married (civil marriage) to another women at the time of death. The lady who suddenly got an 'Executorship letter' had 3 kids with the deceased and says she had a customary marriage with the deceased.
We suspect that she continued to receive rentals from at least one of the properties owned by the deceased - and managed to hide that property from the list submitted to the Master. When tenants learnt that the man died several years ago, they stopped paying directly to her personal bank account. It is only then that she came up with the 'Executorship Letter'
Customer: replied 9 months ago.
She got herself a lawyer to get tenants to oblige. how should tenants respond to this?
Expert:  CaseLaw replied 9 months ago.

Where do you fit into this situation? Are you the tenant, or the other wife, or what? Perhaps that will assist me in understanding what you want me to focus on in my answer.