South Africa Law

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I would like to locate a will registered in South Africa. It…

I would like to...

I would like to locate a will registered in South Africa. It is for Michael ***** *****, DOB 29.12.51 Death 8.2.17 Address; Rendezvous Village, Mossell bay, South Africa.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Cornwall, England

Lawyer's Assistant: Has anything been filed or reported?

I don't know.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

His wife said that he had left everything to her but she refused to send a copy of his will when his sister requested it and hasn't had anything to do with us since. Mr Rogers was my children's grand father.

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Answered in 14 hours by:
2/8/2018
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

Ask Your Own South Africa Law Question

You must contact the Master of the High Court in Cape Town. If the deceased left a will and the estate has been reported then the original Testament will be lodged with the Master's office.

You can find their contact details here. You will have to apply for a copy of the testament in writing, pay a prescribed fee, and give reasons why you need the copy as well as your relationship to the deceased.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further questions here on this topic at no extra cost if you need more information.

Regards

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Customer reply replied 6 months ago
I know that the Will was filed with a solicitor. I am ***** ***** ex-sister-in-law and mother of two of his grandchildren. Mike's son (my ex-husband and father my children) died the year before he did. You have given me the contact details of the High Court in Cape Town and tell me that I would need to apply for a copy of the testament in writing and pay a prescribed fee. Is this not the service that I have just paid you for?

No, you have not paid me yet, and no, this is JustAnswer - a website that provides ANSWERS to questions. We do not provide any other services other than answering questions.

The attorney (solicitor) dealing with the estate will have a copy of the will, and if you know who the attorney is, you can also ask for a copy of the will from the attorney - however, if you, or your children are not named as beneficiaries in the testament, chances are very slim that the attorney (or the Master of the High Court) will give you a copy of the will.

If an attorney is attending to the administration process, and the testament names your children as beneficiaries, you can be sure that the attorney will find you and contact you in this regard. The administration process cannot be completed until that has been done.

Please remember to rate the answer positively.

Regards

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Customer reply replied 6 months ago
How long would it take for the attorney to contact us if my children are listed as beneficiaries?

If I were doing the administration, I would contact all the interested parties within the first week of receiving the instruction.

Regards

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Customer reply replied 6 months ago
Would it be Mr Rogers wife (next of kin) that needs to instruct the solicitor to carry out administrations?

Usually yes, but in many instances the attorney would have drafted the testament and would have been appointed by the deceased as the executor in the testament itself.

But, in the end, it does not really matter who appointed the attorney, he/she is strictly bound by the terms of the testament (the original of which must be lodged with the Master of the High Court). The attorney cannot do anything which the testament does not provide for, and he/she must report to the Master. The Master will then also check the Liquidation - and Distribution account and compare it to the terms of the testament.

There really is no way for an administrator/executor to "cheat" any of the beneficiaries.

So, in short, if you (or your children) have not yet been contacted, the chances are almost 100% that they were not named as beneficiaries in the testament.

Regards

Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified
Freddie Lombard and 87 other South Africa Law Specialists are ready to help you
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Customer reply replied 6 months ago
Thank you very much for providing me with this information. I will rate this as an excellent service.

Thank you so much for the positive rating. I hope I can be of assistance to you again in the future.

You may request me personally.

http://www.justanswer.com/law/expert-fwlombard1/

Regards

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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