The ultimate goal of the administration of a deceased estate is the distribution of the deceased’s assets amongst his/her heirs. The basis upon which the assets are distributed depends on the fact whether the deceased left a will or not. Had he/she done so, the assets will be distributed according to the deceased’s instructions as contained in the will. Had the deceased, however, died without leaving a will, his/her assets will be distributed according to the relevant laws of intestate succession. The absence of a will can therefore have serious implications as far as the distribution of assets are concerned as it often results in someone not receiving the benefit the deceased would have wanted that person to receive and vice versa.
It is not only the absence of a will that can lead to the above undesired results, but also the validity of the will itself. The Wills Act, 1953 for instance requires that a document comply with certain formalities before it shall be accepted as valid. If these formalities have not been complied with, the estate will once again be administered according to the laws of intestate succession unless the High Court is approached for an order directing that the document in question be accepted as the deceased’s (valid) will for purposes of the administration of his estate.
It may also happen that an interested party disputes the validity of a will on various other grounds, such as the competency of the deceased at the time of making his will or the alleged forgery of his signature. In these circumstances it becomes necessary to institute action to have the will declared invalid or to defend such actions on behalf of the testamentary heirs.
In addition to the above we also assist our clients in instituting or defending all other claims against deceased estates such as maintenance claims by the deceased’s dependants, collection of outstanding debts, eviction of occupants from estate properties and other ancillary actions.