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My partner died. he did not have a will, but he also did not…

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My partner died....

My partner died. he did not have a will, but he also did not have any big possessions. we typed a letter after we got engaged stating that everything on the premises will go to living partner. we both had a sideline business by means of a MLM where i paid his way forward. the rules of the MLM states that this is willable. they need a letter from the executor of the will before they want to change his things over to my name. how do i go about to do that as he really did not have a lot to his name and i dont want to spend money just to get a letter stating that the internal shares of this MLM can be transferred to my name.

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

We ae in South Africa. Mpumalanga province

Lawyer's Assistant: What steps has he taken so far?

Nothing. his death was reported and i have the death certificate.

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

No this is really very straight forward according to me,

Submitted: 2 years ago.Category: South Africa Law

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1/12/2021

Lawyer: Patrick, Attorney replied 2 years ago

Patrick, Attorney

Category: South Africa Law

Satisfied Customers: 3,366

Experience: BCom; LLB; Masters in Law

Verified

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted. You do NOT need to accept the call - it's just an added option!

Do you mind if I take a moment to review your question? I will come back to you shortly!

CaseLaw

Lawyer: Patrick, Attorney replied 2 years ago

Okay, so if he did not have a Will, then we say that he died "intestate", which means "without a Will".

You still need to report his estate to the Master of the High Court in the area in which he lived. There are a number of forms which the Master requires to be completed.

https://www.justice.gov.za/master/deceased-how.html

If the value of the estate is above R125,000 then the Master will appoint an executor. If the value of the estate is less than R125,000 then the Master will appoint a representative.

In each case, the appointed person (executor / representative) will need to adminster the estate and dispose of the person's assets. i.e. transferring the assets to the heirs.

This is what you need to do in order to get the appointed person (executor / representative) to transfer his shares in the business over to you - if, in fact, you are entitled to receive them. It might be the case (because he died without a Will) that his parents, or even his siblings, might be entitled to his shares! So you need to watch out about this.

THIS is why we ALWAYS tell people to sign a Will.

I see that you say that his estate was reported, but to who?

Was it to Home Affairs in order to get the death certificate, or to the Master of the High Court?

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