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What to Do When Someone Dies

There have been thousands of searches on Google over the past 12 months relating to people asking what needs to be done when a loved one passes. People react with shock when someone close to them dies, and if you are responsible for making the funeral and administration arrangements, you may also be thrown into a bit of a panic.

Handling a death and managing funeral arrangements is a challenging situation, especially in the midst of your grief. AED Attorneys has put together some pointers to help you handle the process from the minute of passing until after the funeral.

At the Time of Death

  • If a person passes away under suspicious circumstances, the police will need to be contacted immediately, and they will organise the body to be removed.
  • If a person dies in a motor vehicle accident, the body will be removed to the mortuary, and you will be contacted after that.
  • If a person passes away at home and there is nothing suspicious about the death, you will need to call the paramedics such as ER24 or Netcare 911. They will be able to confirm whether or not the causes are natural. They will also assist in taking the body to the mortuary.
  • If the person passes away in hospital from natural causes or after an illness, the doctor will issue a death notice, and the body will be taken to the hospital mortuary. If the hospital has no mortuary, you will need to contact a Funeral Home to arrange for the deceased to be collected.
  • It is a legal requirement that a death notice is signed by a doctor or medical professional certifying the cause of death.

Identification of the Body

Identifying the body must be done by either an immediate family member or a close friend. In some mortuaries, the body can be identified via pictures on a computer rather than an in-person viewing of the body which prevents further emotional trauma. It is always a good idea to bring somebody along with you to the identification for emotional support. Once the identification has been made, a body number will be issued. This number needs to be provided to the funeral home, as well as the funeral policy number and details – if one exists.

Next Steps

Once the body number has been given to the funeral home, they will proceed with the funeral arrangements and will also advise you on what to do. You will now be able to disclose the news to friends, family, and colleagues, as soon as you feel able to.

Unfortunately, under COVID lockdown conditions only 50 people are allowed to attend a funeral, so you may need to discuss alternate options with the Funeral Home, such as broadcasting the funeral online to family and friends, if you choose to do so.

The Funeral Home will request a suitable outfit for the deceased to wear in the coffin or before the cremation.

It will now be time to decide on the following;

  • Will it be a cremation or a burial?
  • What type of coffin will be required?
  • What type of headstone will be required if it is a burial?
  • Will you require a cremation niche or plaque, if it is a cremation?
  • Who will deliver the eulogies?
  • Who will the pallbearers be?

Estate Administration Death Certificate

Either the doctor or police will issue the Notification of Death (DHA 1663). You will need to send this form, together with others and ID copies of the deceased, to the Department of Home Affairs. They will then register the death and issue a DHA5 Death Certificate. Try to obtain several certified copies of this certificate, as you will require them for many of the administrative processes to follow. Most Funeral Homes will be able to assist you with this process.

Processing the Deceased’s Estate

By law, the Master of the High Court must receive notification of the deceased’s Estate. You will need to locate the Will of the deceased to establish who the Executor of the Will is and make contact with them. 

If no Executor has been appointed, then contact a law firm such as AED Attorneys, who will report the Estate to the Master, and appoint an Executor.

If you cannot find the Will, or the person died Intestate (with no Will), you will also need to call an Attorney – preferably one which the deceased used. The Estate is then required to be administered under the Intestate Succession Act, and the Master will appoint an Executor.

Once the death certificate has been issued, the administrative processes can start, such as contacting the deceased’s nominated executor or if you need help with the reporting of the estate and the administration a law firm such as AED Attorneys.

This is a list of some of the documents that may be required for an Estate to be reported:

  • Original last Will and testament.
  • Original death certificate and DHA-1663-A Notification of Death Form.
  • Identity documents of deceased and spouse, if applicable.
  • Name, address of employer and salary number of deceased.
  • Details of the pension fund.
  • Name, address, and reference number of medical aid society.
  • Income tax details (if registered).
  • Name and telephone number of the accountant.
  • Name, address, and telephone number of deceased’s usual doctor.
  • Name, telephone number, and case number from police station should the deceased have died due to unnatural causes (e.g., motor vehicle accident, shooting, suicide etc.).
  • Partnership agreement and name and address of all partners.
  • Particulars of company or close corporation or business.
  • Name and contact number of auditor/accounting officer.
  • Details of divorced or predeceased spouse.
  • Antenuptial contracts and/or divorce agreements.
  • Original title deed in respect of each property and/or bank details where a bond is held.
  • Rates and taxes account(s) and/or details of the body corporate or managing agents.
  • Registration certificates in respect of motor vehicles.
  • Firearms – Copies of licences to be provided.
  • Certificates/details in respect of timeshare.
  • Original share certificates or electronic share account details.
  • Hire and letting contracts.
  • Cheque books, investment statements, credit cards, ATM cards.
  • Details of accounts owing by deceased.
  • Copies of identity documents of beneficiaries and marriage details and certificate.
  • Copies of birth certificates of minor beneficiaries.

If your loved one planned adequately to ensure that everything was in order and an Executor was appointed, then the Estate’s administration may still be completed relatively quickly. AED Attorneys assists with the drafting of Wills, setting up Estates and the processing of Deceased Estates in an efficient, yet sympathetic manner.

AED Attorneys understands that every situation is unique, and although they strive to ensure that the information contained herein is accurate at the time of publishing, it cannot be guaranteed to be without errors or omissions. As a result, AED Attorneys, its employees, independent contractors, associates or third parties will under no circumstances accept liability or be held liable, for any innocent or negligent actions or omissions in this article, which may result in any harm or liability flowing from the use of or the inability to use the information provided.

Essential Documents To Prepare Before You Die – An Inside Perspective

Death does not discriminate, and as Benjamin Franklin pointed out, “In this world, nothing can be said to be certain, except death and taxes.” We may not know when we are going to die, but we do know that it will happen, however, there are some fundamental actions that you should carry out before this happens.

With a bit of preparation, you can put yourself at ease and save your loved ones a lot of turmoil and confusion later. While contemplating your impending passing from this life may be a rather depressing subject; it is necessary to ensure that your family knows where your Last Will and other relevant documents are in the event of your death.

How Long Will It Take To Finalise My Estate?

When you or someone close to you dies, it can take anywhere from 7 months up to a couple of years to finalise the relevant Estate – incurring additional costs, stress, and heartache along the way. Even if you have been diligent enough to update your Will, there are many more documents that will be required in the event of your death. A simple solution to avoid the chaos of your family trying to locate all the necessary documents is to create a Life File. This is a folder or a box which contains the paperwork that your family will need when you die. Remember that you are never too young or too old to put a Life File together.

What Are The Important Documents Needed When I Die?

Some of the documents that need to be readily available in the event of your death include:

  • Your original Will – remember to keep this updated as your circumstances change.
  • Your Living Will (if you have chosen to have one).
  • Proof of any Funeral Policies that you may have. These will take the financial burden off your family.
  • A copy of your I.D.
  • A copy of your Driver’s License.
  • A copy of the I.D. of your nominated/proposed Executor.
  • A copy of the ID’s of your beneficiaries – this must always be kept up to date.
  • A copy of your marriage certificate (and Antenuptial Contract, if applicable).
  • Your Income Tax number (plus VAT number too, if applicable).
  • A list of your assets, with approximate estimated values. Furniture and household items can be grouped with these. This will help you calculate your worth so that your Financial Planner can put a suitable plan in place for your beneficiaries after your death.
  • If there is any immovable property, e.g. residential homes, a copy of the relevant municipal accounts (plus a copy of title deeds, if available), details of the existing bondholder and the bond account number will need to be provided.
  • A copy of your recent bank and credit card statements (which will need to be kept updated).
  • Any Share Certificates that you may own.
  • Details of any Insurance policies – ensure that these policies are always kept up to date.
  • Employers details, including your latest salary slip (if you are employed).
  • Pension details (if applicable).
  • Motor vehicle registration papers.
  • List of claims in favour of the Estate, i.e. any money owed to you.
  • List of the Estate liabilities, i.e. any money owed by you.
  • A comprehensive list of all your online accounts, login details and passwords.
  • Your firearm/s – a copy of firearm license/s, details of whereabouts of the firearm/s.
  • Your medical Insurance details.
  • Any specific instructions that you have which must be acted upon at the time of your death.

Keep Your Life File In A Safe Place

Once you have all of these documents together, you will need to put them into one box or one folder and store it in a secure place – preferably your safe, a safety deposit box or with your Attorney Remember to inform a family member, friend, or the Executor of your Will as to where this file can be found.

Failing to keep your records and documents updated, or in a single place, could have emotional and financial consequences for your loved ones. If you do not keep an updated Will, you run the risk of your possessions and wealth ending up in unintended hands.

You will find that there are so many details to consider once you start putting your Life File together. For example, have you considered becoming an organ donor, setting up a Power of Attorney or a Living Will, appointing a health proxy (in the event that you become incapacitated and are unable to make life decisions for yourself)?

Consult An Attorney To Assist With Your Will And Estate

Each person has a unique set of circumstances, and whether you have a modest income or own a vast empire, it is judicious to consult a professional, such as an Attorney in this regard. Remember that your life can change at any moment, so do not procrastinate in getting your Life File in order, no matter what age you are.

AED Attorneys has been in operation since 2014 and has all the resources to advise you in these matters efficiently. We have considerable experience when it comes to drafting Wills and finalising your Estate.

Annie Davids, Founder of AED Attorneys, says, “It is important to leave a legacy and provide for your family’s future.” AED Attorneys will assist you in appointing an experienced Executor, who is responsible for the administration of your Estate, and a Trustee who will administer the Trust once the money has been paid into it by the Executor. AED Attorneys will also ensure that any estate duty taxes are legally minimised.

For further information, or to set up an appointment, contact AED Attorneys. *AED Attorneys understands that every situation is unique, and although they strive to ensure that the information contained herein is accurate at the time of publishing, it cannot be guaranteed to be without errors or omissions. As a result, AED Attorneys, its employees, independent contractors, associates or third parties will under no circumstances accept liability or be held liable, for any innocent or negligent actions or omissions in this article, which may result in any harm or liability flowing from the use of or the inability to use the information provided.

When To Remove Your Wedding Ring After Your Spouse Has Died

The loss of your spouse, the person with whom you chose to spend the rest of your life, is possibly one of the most daunting experiences. A challenging decision that arises soon after your spouse’s funeral has passed and life has settled down to some form of semi-normality, is what to do with your wedding ring.

Do you leave it on your finger or do you remove it? If you take it off – what do you do with it? If you leave it on – should you move it to the other hand? This takes a lot of thought and ultimately only you can decide on its destiny.

Your wedding ring is a symbol of your love and of the day that you dedicated yourself to your spouse. As such, it symbolises your togetherness and is a profound item of significance.

Weigh Up Your Options

Your decision about what to do with your wedding ring is one that should not be rushed. You need to carefully balance your volatile emotions with your options to avoid regrets in the future. If you speak to any person who has lost their spouse, it will soon become clear that there is no right or wrong choice regarding what to do with your ring. Some people choose to continue to wear it for the rest of their lives, while others remove it almost immediately after the death of their spouse.

No Right Or Wrong Decision

Sonja Smith, MD of Sonja Smith Funerals, an elite funeral group since 2006, says, “Many spouses ask me about the etiquette of removing a wedding ring after the death of their partner. I advise them that they need to do whatever they feel is right for them because every person is different. There is no right or wrong decision in this matter.

Some Ideas of What to do With Your Wedding Ring When Your Spouse Dies

  • Continue wearing the ring. Many widows/widowers continue to wear their wedding ring until they feel ready to take it off. Some will continue to wear it forever. Wearing the ring enables the widow/widower to retain a sense of closeness to their departed spouse. It may also act as a deterrent to unwelcome romantic advances, until the wearer is ready.
  • Move your wedding ring to your other hand. Sometimes, people who have been widowed take what they see as a small step towards letting go and move the ring from their one hand to the other. They feel that they can continue to hold onto their spouse whom they deeply loved, but at the same time indicate that their circumstances have changed, without having to say a word.
  • Repurpose the ring into other pieces of jewellery. Redesigning your ring can signal an acknowledgement of your new future, while avoiding losing touch with your precious ring. You can also choose to add a memorial diamond which can be crafted from your spouse’s ashes.
  • Attach it to a chain and wear it around your neck. This is common practice with widows, more so than with widowers. It is a good remembrance option since you can keep the ring close to your heart while indicating your marital status.
  • Keep it as an heirloom to pass onto your children when they marry. Your ring may have initially been an heirloom, or you may want to turn it into a future heirloom. Either way, you need to specify this in your Will to ensure that it goes to the correct person after your passing. While you are alive, you may want to pass it onto your child for their wedding.
  • Put it away in the safe. If you do not feel comfortable wearing your ring anymore and have no idea what to do with it, put it in a safe until you settle the matter in your mind.
  • Donate it. Many non-profit organisations accept and resell jewellery to fund their operations. If you are open to a good cause, then this may be an option. However, you would need to be comfortable with not knowing where the ring ends up. This may be very difficult for some people.
  • Send it off ceremoniously. You may like to use your ring in a ceremonial farewell where you cast it into the ocean or bury it in a particular place as a final farewell. Include close friends or family to make this a special occasion.

When You Should Remove Your Wedding Ring After The Death Of Your Spouse

There are very few cases in which you should stop wearing your ring after your spouse’s death. These are two of them.

  • The first is if your wedding ring causes you intense emotional pain, then it would probably be better to remove it and store it somewhere safe until you feel able to face it again.
  • The second is in the event of remarriage at a later stage. Continuing to wear the ring may cause your second spouse some unnecessary discomfort, even if they don’t say it, in which case it would be better not to wear it at all.

Ultimately, the choice of wearing your ring or not is entirely up to you. Only you can gauge your thoughts and emotions at the time. What you do with your ring may also depend on your religion or a traditional custom. There is no rush to make a decision either way; you may know from the outset what you want to do, or it may take many years to decide. It is impossible to make the wrong decision. Sonja Smith Funeral Group offers a comprehensive range of services in the event of your loved one passing. We will not only assist with the funeral or cremation arrangements, but also with bringing the deceased into our care, assisting with financial matters, offer funeral cover and professional advice. Contact your nearest Sonja Smith office for advice. 

Clearing A Parent’s Home After Their Death Ou – The Practical And Emotional Aspects

Clearing out your parent’s home after their death is both emotionally and physically taxing. Within a short space of time, you are required to consolidate a very dear person’s life, while grief is still deeply rooted in your heart. Memories will intrude as you walk from room to room in their home and see walls and corners filled with their belongings, bringing them to life again. The thought of giving their things away and removing their presence seems so disrespectful and irreverent. You have a longing to leave everything the same in a time capsule that can reflect their very last essence.

Just as you wondered how you would possibly cope in a world without them, so too it seems impossible that you would ever be able to do away with any of their belongings. You want to hold onto everything of theirs forever. Unfortunately, you cannot.

So how do you start the cleaning-out process with tight deadlines to meet and a long to-do list? The answer is one step at a time, and then one day at a time.

Secure the Property

You may not be able to immediately clean out the house after your parent’s passing, so you will need to ensure that the property is secured or make contact with their landlord, if they have been renting, to make the necessary arrangements.

Assess and List Your Priorities

You will first need to make a realistic assessment of how big the “clean-out” is going to be. This will entail differentiating between essential tasks that need to be taken care of immediately and then the less critical tasks. Making a list of the priorities and their timeframes will put you more in control of a seemingly impossible situation. Having a Sonja Smith Life File at hand, will ease the burden. Download the Index here.

Some of the items on your list to consider are:

  • Financial: Recent bank statements, account statements, medical bills, SARS
  • Policies: Insurance, Will, shares, investments, annuities, pension, medical
  • Documents: ID, passport, marriage certificate, divorce certificate, death certificate, firearms
  • Home: Insurance, title deeds, bond statements
  • Car: Insurance, vehicle licence
  • Pets: Finding a new home for them
  • House contents: dispersal and disposal of belongings

Don’t Do It Alone

During this time, you need to lean on your support system, especially in the first few weeks. Don’t close yourself off to everyone. People care and want to help you. Divide your list of priorities and task different people within your support system with various tasks.

Time Frames

You will need to determine how long each task will take before your parent’s home is cleared. This may be overwhelming in the beginning as you will uncover items that bring back so many memories of the person whom you have lost. Remember to take breaks as you need them to avoid an emotional overload.

Sorting A Deceased Parent’s Belongings

This has to be one of the most challenging and emotional aspects of tying up a loved one’s estate. People can take weeks, months or even years before they are able to face this significant task.

When you do finally feel ready, the most important thing is to remain organised and methodical by sorting items as follows:

  • What items will I keep?
  • What items will others want?
  • What items will be donated?
  • What items can be recycled?
  • What items can be sold?
  • What items can be thrown away?

Where to Start

The easiest is to start with one room at a time and to move around the room from your left until you have finished. You can then move on to the next room similarly. Preferably start with rooms that may not be so emotionally hard to deal with, depending on your level of grief at the time.

Remember that you will need ease of access, so make sure that the boxes are packed and stored clear of doorways. Use coloured labels or stickers to separate the items and be realistic about the things you separate in terms of their usefulness or sentimentality. If nobody is going to wear the clothes or read the books, then rather donate them to a charity in need.

For those hard to part with items, remember that you can always take photos of them and create a memory book afterwards. If it all gets too much for you, your loved one’s belongings can be separated and put into boxes for a later stage, when you are feeling stronger.

Making the Clearing Out a Little Easier

Before you start clearing out each day, bring yourself some drinks and snacks and make sure that there is soap, toilet paper and towels available for the cleaning up. Open the curtains and windows to let in some fresh air and light. Turn on the radio to break the silence.

At the end of each day of your sorting, throw away the rubbish and take the donated items to charity immediately. Try not to work yourself until the point of exhaustion and when you go home, remind yourself that you are one day further than you were the previous day.

Absent Family During the Clearing Out

If there is a family member who cannot be present during the sorting, make sure that you ask them if there is anything specific that they want to keep as you may not realise how much sentimental value something may have for someone else.

Be Patient with Yourself

Clearing out a deceased parent’s house is not an easy process. You will need to allow yourself time and acknowledge that you will feel a lot of emotions during the process. Once you have finalised your task list, you will need to establish the time limit for each task.

It helps to keep these goals as small as possible so that you can cope emotionally. Giving yourself these goals will also allow you to see the results during this emotionally draining process and ensure that you set boundaries for yourself.

Lastly, remember that surrounding yourself with people who love and support you, will bring shared memories, some tears and some laughter.

You can rely on Sonja Smith Funeral Group to handle the arrangements for a parent’s funeral, cremation and/or memorial service with efficiency and empathy, ensuring that the final farewell is arranged with care and attention to detail.  The branch closest to you can be found here.

Tax and Deceased Estates

Benjamin Franklin once said, “Nothing in this world is certain but death and taxes”. A sentiment that still holds true today.
There are several types of taxes associated with deceased estates. Not all of these taxes are applicable to each and every estate. The circumstances of the estate will dictate which taxes are applicable to that estate. These taxes can include the following:

  1. Income Tax: As a general rule, the Income Tax Act provides that when a person dies, he is deemed to have disposed of all his assets to his deceased estate for an amount received equal to the market value of those assets and the deceased estate is deemed to have acquired the assets for this market value. There are, however, exceptions to this rule: for example, the assets accruing to the surviving spouse upon the death of the first dying spouse are not deemed to have been disposed of on the death of the deceased.
    Persons who passed away on or after 1 March 2016, and where the Executor of the estate had received post date-of-death income or there were certain acquisitions/disposals of assets by the Executor after the date of death, will be subject to the second income tax registration (new income tax entity).
  2. Value Added Tax (VAT): If the deceased was registered as a VAT vendor, the Executor may have to register the estate for VAT purposes and there may be VAT implications.
  3. Estate Duty: All income received or accrued before the deceased’s death is taxable in the hands of the deceased up until the date of death, and will be administered by the Executor acting as the deceased’s representative taxpayer. After the date of death of a person, a new taxable entity comes into existence – the “estate”. Estate duty is currently charged on the dutiable amount of the estate at a flat rate of 20%. The dutiable amount is calculated by deducting a R3.5 million primary abatement from the ‘nett value of the estate’. It is important to note that the value of all property included in the deceased’s estate, which accrues to the surviving spouse, either in terms of the deceased’s will or by intestate succession, can be deducted to the extent that it has been included in property.
  4. Capital Gains Tax (CGT): Any Capital Gains Tax which would be due is payable before the inheritance is transferred to the beneficiaries. The acquisition of an asset does not give rise to a capital gain at the time of inheritance, and any capital gain or loss is only calculated when the asset is ultimately sold or disposed of.

As you will note from the above, deceased estate taxes are quite complicated. It is advisable to have a professional tend to the deceased estate’s taxes in order to ensure that all SARS’s requirements are met. One further needs to be aware what the capital gains tax and the estate duty liabilities are likely to be in order to ensure that the estate has adequate liquidity to avoid the forced sale of assets.

Domestic partnerships and the Intestate Succession Act

A domestic partnership or cohabitation, as it is also known, is where two individuals live together but are not married. Today, this form of intimate partnership is becoming increasingly popular in South Africa. According to the 2011 Census, more than three million or 8,6% South Africans were involved in relationships of this nature.

A domestic partnership, irrespective of its duration, is however not deemed to be a ‘common law marriage’ and despite numerous recommendations and the publication of a draft Domestic Partnerships Bill 2008, South Africa has no dedicated domestic partnership legislation. Consequently, the laws that protect individuals in a marital relationship do not protect individuals who are in a domestic partnership.

Therefore, if a partner in a domestic partnership dies without leaving a valid will, the partner has no legal right to inherit under provisions of the Intestate Succession Act 81 of 1987.

The Intestate Succession Act, in simple terms, provides a set of rules on how the deceased’s estate will be divided between spouses, descendants and family members. It only applies when there is no valid will. In most cases, the largest portion of the estate will go to a spouse and then equal amounts are distributed to the descendants, depending on the value of the estate. However, where there are no spouses or descendants, the estate will go on to be divided between living family members according to the stipulations contained in the Act.

In recent times, the rights of intestate succession in terms of the Intestate Succession Act have also been extended to surviving partners of couples married according to the Islamic Law as well as unmarried same-sex domestic partners. The heterosexual domestic partnership is currently the only recognised form of intimate relationship that remains excluded from this benefit.

Consequently, it is of utmost importance for partners in a heterosexual domestic partnership to draft a valid last will and testament if they would like their partner to inherit from their estate.

The Administration Process explained

This article explains the steps that are followed to administer deceased estates (solvent and insolvent).

When someone dies this is what happens in terms of administration of the estate.

Family needs to:

  • Obtain death certificate
  • Advise AED Attorneys of the death
  • Get all relevant documents and papers of the deceased together for the first interview.

Interview and reporting of the estate.

  • Nominated executor to:
  • Set up an appointment with family to fill in documentation
  • Establish the assets and liabilities
  • Report estate to the Master of the high court
  • Notify all stakeholders (banks, creditors, policies etc.)

Advertise to creditors.

  • This advertisement is called a Section 29 advert
  • This is where you advertise in the local papers and in the government gazette (give notice to creditors & debtors)
  • Send Letters of Executorship to all stakeholders
  • Establish liquidity in estate
  • Only do this if there are Letters of Executorship
  • The stakeholders will send you the COB as at date of death
  • We start the process to transfer assets

Liquidation and distribution account.

For solvent estates

  • Complete and submit all outstanding returns to SARS
  • Drafting of Liquidation and Distribution account
  • Place advert in Government Gazette and local newspaper
  • Lay open for inspections for 21 days

For insolvent estates

  • Send Section 34 notice to SARS, Master of the High Court, and other creditors
  • Assets sold, draft Liquidation and Distribution account
  • Send Liquidation and Distribution account to the Master for confirmation
  • Once confirmation from the Master is received then we place an advert in the Government Gazette and local newspaper – 21 days

Distribution of estate.

For solvent estates

  • Nominated executor to:
  • Obtain clearance from SARS
  • Pay creditors
  • Instruct attorneys to register property in heirs name
  • Prepare final cash reconciliation
  • Pay heirs
  • Provide Master with proof of above
  • Confirm estate is finalized

For insolvent estates

  • Nominated executor to:
  • Send out divided letters to creditors with copy of liquidation and distribution account
  • Do payments to creditors
  • Prepare cash reconciliation statement
  • Provide Master with proof of above
  • Await confirmation that estate is finalized.