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What does it mean if the death certificate says “unnatural causes” – specific to reporting the estate

Written by Sandra on . Posted in Uncategorized.

If the death certificate says “unnatural causes”, it means that the person died due to something other than natural causes. This has several implications for reporting the estate of the deceased, especially if the death occurred in South Africa.

One of the most important implications is that the death must be reported to the South African Police Service (SAPS) within 72 hours. The SAPS will then investigate the circumstances and manner of death and collect any evidence from the scene. The SAPS will also arrange for the removal of the body to a state mortuary for a post-mortem examination. A post-mortem examination is “a scientific and objective procedure that involves the systematic examination of the body tissues and organs by a pathologist”. The purpose of the post-mortem examination is to determine the exact cause of death and to provide a medical report that can be used for legal or administrative purposes. The post-mortem examination is required by South African law for all unnatural deaths and cannot be refused by the next of kin. The post-mortem examination may also reveal information that is relevant for reporting and administering the estate of the deceased, such as:

  • The identity of the deceased, if unknown or disputed
  • The date and time of death, if uncertain or disputed
  • The nature and extent of any injuries or diseases that affected the deceased
  • The presence of any substances or toxins in the body that may have contributed to or caused the death
  • The existence of any genetic or hereditary conditions that may affect the heirs or beneficiaries of the deceased

When a person dies, the cause of death is recorded on a death certificate by a medical practitioner or a traditional leader. The cause of death can be classified as natural or unnatural. Natural causes are those that result from disease or old age, while unnatural causes are those that result from external factors such as accidents, violence, poisoning, or suicide, and could also include any of the following:

  • Road traffic collisions involving cars, motorcycles, bicycles, pedestrians, or animals
  • Falls from heights, stairs, ladders, roofs, or windows
  • Drowning in pools, rivers, dams, or oceans
  • Fires or explosions in homes, workplaces, or public places
  • Electrocution by faulty wiring, appliances, or lightning
  • Poisoning by drugs, alcohol, chemicals, or plants
  • Animal attacks by dogs, snakes, bees, or wild animals
  • Natural disasters such as floods, earthquakes, landslides, or storms

If you do not specify that the death certificate says “unnatural causes” when reporting the estate to the Master of the High Court, you may encounter some problems or delays in finalising the estate. For example:

  • You may not have access to the medical report from the post-mortem examination, which may contain vital information for administering the estate
  • You may not be able to obtain a letter of executorship or authority from the Master until the SAPS has completed its investigation and issued a clearance certificate
  • You may not be able to claim any benefits or compensation from insurance policies, pension funds, or other sources that depend on the cause of death
  • You may face legal challenges or disputes from creditors, beneficiaries, or other parties who have an interest in the estate

To avoid these problems or delays, an unnatural death should be reported as soon as possible and all the relevant documents and information must be provided to the Master of the High Court without avail. You should also consult with a professional legal service that specialises in estate administration and planning, such as AED Attorneys.

How can AED Attorneys help you?

Reporting an unnatural death estate can be a complex and stressful process. If you are a new owner of a property that belonged to someone who died due to unnatural causes, you may face some challenges in reporting and administering their estate. You may also encounter some emotional distress and trauma as a result of their death.

AED Attorneys can help you with:

  • Reporting an unnatural death estate to the Master of the High Court and the SAPS
  • Obtaining a letter of executorship or authority from the Master
  • Claiming any benefits or compensation from insurance policies, pension funds, or other sources
  • Dealing with any legal challenges or disputes from creditors, beneficiaries, or other parties
  • Finalising and distributing the estate in accordance with the law and the wishes of the deceased

An unnatural death can complicate your inheritance or ownership of a property. AED Attorneys understands these implications, tax and financial consequences and other considerations. We have experience of the emotional and psychological impact, and offer the legal support that is essential in the event of an unnatural death estate.

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.

What will happen with my Cryptocurrency when I die?

Written by kevin Cartmell on . Posted in Deceased Estates Administration, Wills & Trusts.

There are more than 800 cryptocurrencies that you can use to make purchases online, send money to friends and family, or get paid for your work. But what happens to your wallet when you pass away?

As cryptocurrency grows in popularity, you need to make sure you bring these into your estate planning, make a trusted person aware of the fact that you own such currency, and how to find they can find it. After your death the fate of your cryptocurrencies will depend on several factors, such as whether you have made provisions for their transfer or disposal in your will or other legal documents. In South Africa, cryptocurrencies are not yet explicitly regulated, and there is no specific legislation governing the inheritance of cryptocurrencies. However, cryptocurrencies can be considered assets or property, and their distribution can be governed by South Africa’s laws of succession.

The executor of your estate will also be responsible for managing and distributing cryptocurrencies according to your will. If you have not made any specific provisions, your cryptocurrencies may be treated as part of your estate and distributed according to the laws of succession. It is best to make provisions for the transfer or disposal of your cryptocurrencies in your will or other legal documents to ensure that they are handled in accordance with your wishes. You need to ensure that your bitcoin is identifiable and accessible for your executor and beneficiaries. The ‘keys’ are crucial for transferring ownership or spending your bitcoin. It is therefore important that the keys need to be protected and practically dealt with by your executor. If a key is lost or no longer accessible, then, in essence, you will have lost your bitcoin. You may want to consider storing your private keys and other relevant information in a secure location and informing your beneficiaries of their existence to facilitate the transfer of your cryptocurrencies.

If you have inherited cryptocurrency from someone, there are a few steps you should take to ensure that you have control over the assets and that they are secure:

  • Familiarise yourself with cryptocurrency: If you’re not familiar with cryptocurrency, it’s essential to educate yourself on the technology and how it works. You can start by researching the specific type of cryptocurrency you inherited, how it’s stored, and how it’s traded. Cryptocurrency is a digital currency that creates a new way to pay and receive money, using encryption techniques to regulate and verify the transfer of funds. Encryption aims to provide security and safety, by implementing cryptographic methods that involve the solving of complex mathematical problems and stored in digital wallets. You save virtual coins in your digital wallet, on your phone or computer. This also makes it easy to transfer money anywhere in the world because there are “no borders between countries” where cryptocurrencies are concerned. The first decentralised cryptocurrency was Bitcoin, and was soon followed by many other cryptocurrencies, such as Litecoin, Ethereum, Monero, and Zcash.
  • Secure your cryptocurrency: Once you understand how the cryptocurrency works, you should ensure that it’s secure. You can do this by setting up a secure wallet, which is a digital storage system for your cryptocurrency. Make sure to keep your private keys safe, and never share them with anyone.
  • Determine the value of your cryptocurrency: To understand the value of your cryptocurrency, you can check online exchanges or consult with a financial advisor. You should also be aware of any tax implications associated with your inherited cryptocurrency.
  • Decide what to do with your cryptocurrency: You can hold onto the cryptocurrency as an investment, trade it for another cryptocurrency or traditional currency, or use it to make purchases.
  • If your financial advisor was not aware of this when assisting you with your estate planning and the drafting of your will, it could increase the cost of executors’ fees and estate duty. This could also impact negatively on any liquidity calculations performed during the estate planning process. Because of the anonymous nature of cryptocurrencies, it could be difficult for your executor to trace your holdings and properly account for them unless you have ensured that your executor and/or family members are aware of your holdings and how to access them. Backing up your wallet on an external hard drive and transcribing all access details for the wallet is a practical option to ensure that your executor and loved ones have access of your cryptocurrency.

Get in touch with AED Attorneys to explain the legalities with you, and to make sure that you update your will to include your cryptocurrency. Cryptocurrency will be assets in your estate and can be dealt with to an extent in your will.

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.

Effects of signing surety on a bond and what happens on divorce or death

Effects of signing surety on a bond and what happens on divorce or death

Written by Design on . Posted in Deceased Estates Administration.

What if your life partner, business partner, family member or friends comes to you one day saying they want to take out a loan, but the bank says their monthly income and net asset value does not make them financially viable. The bank also said they can get a loan if someone signs surety on it. They tell you that they know they are good for the repayments every month, but they ask you to please sign surety. There are some important things to know before you make a yay or nay decision.

What is surety

Suretyship is a contract entered into on behalf of the principal debtor in favour of a creditor. In laymen’s terms, you sign the contract as a third party confirming that if the debtor cannot pay the creditor, you will do so in his stead. It is not a contract that should be entered into lightly. You should read every detail before even contemplating signing it as the wording of the surety can bind you in different ways.

You could be surety for a particular debt (like a home loan) or for a specific amount only. When this debt is paid off by the debtor, you are no longer surety to any form of debt owed by the principal debtor, though you should always confirm that your suretyship has been cancelled.

An alternative type of suretyship is being surety to the person. In this case, you are not released from the contract when a particular debt is paid, and you might be held liable for that person’s debt years later. If the contract does bind you to the person, you should make sure there is a clause in the contract providing you with an avenue to cancel your suretyship. When a particular debt is paid, you can then request to be relieved of this obligation.

What happens to the surety when you divorce?

If you are married in community of property, you and your spouse should both sign the suretyship agreement to make it enforceable. Both spouses are ultimately liable for the debt as they have a joint estate. If the signing of suretyship is done in the ordinary course of a spouse’s profession, trade or business, this is not necessary.

If you are married out of community of property, only the spouse that wants to act as surety needs to sign the contract as his/her estate and finances are legally seen as separate from the spouse.

Should the spouses get a divorce, it does not mean the suretyship agreement is null and void. If they were married in community of property, it is best to see if the suretyship can be renegotiated so only one person is surety. If this does not happen, both individuals could still be held liable even after divorce. If they were married out of community of property, the suretyship agreement is still relevant and enforceable. If the one spouse was surety for the other and they then get divorced, it does not change the suretyship agreement.

What happens to the surety in the case of death?

If the principal debtor should pass away, his/her creditor can claim against the deceased estate for the money owed them. If the debtor’s deceased estate does not cover the repayment of the debt, the creditors can claim the debt from the surety (person that signed the suretyship agreement).

If the surety passes away, a number of things could happen. If the loan is much smaller by that point or the principal debtor’s financial situation has improved, it could be that the loan agreement is changed to not included a suretyship agreement. Alternatively, if this is not the case, the principal debtor could ask someone else to be surety and have the suretyship assigned to that individual for the remaining amount of the loan. Should neither of these be feasible, it could be that the creditor claims the outstanding amount of the loan from the principal debtor and upon his/her possible inability to pay it, the debt can be claimed from the deceased estate of surety.

Think before you sign

Signing a suretyship agreement should be done with caution. Ensure that you have read and understood the contract wholly and completely. If you are married in community of property, ensure that your spouse also signs for it and understands the agreement completely. Be sure that the terms are clear and that you know exactly when the agreement will come to an end and when you will no longer be liable for the principal debtor’s debt.

If you need assistance in setting up a suretyship agreement, or in fully understanding such a legally binding contract, get in touch with AED.  

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.

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Death and Not Legally Married

Written by Design on . Posted in Deceased Estates Administration.

My life partner passed away and we weren’t legally married, now what?

There are various ways to get married in South Africa. There are also various reasons that a couple would be life partners, but not get legally married. These reasons are often personal in nature and one can only speculate as to what they are. What we can know for certain, however, is the consequences of one member of the life partnership passing away and the possible difficulties for the remaining member.

(Not) Legally married

With all the different customs and cultures in South Africa, there are different ways in which people want to get married and different things that people think are important for a marriage. As far as the law is concerned, though, two people can get married in terms of a civil marriage, customary marriage, civil union, and a religious marriage. Note that a religious marriage is not recognised as a legal marriage under South African law, but in certain instances, the spouses are protected by the law.

A civil marriage can only be entered into by a man and a woman. Unless an antenuptial contract is signed stating otherwise, it is automatically a marriage in community of property.

A civil union can be entered into by two people and by persons of the same sex. As with the civil marriage, it is automatically in community of property unless your antenuptial contract is different.

A customary marriage is celebrated and concluded as per the indigenous African customary law. It is recognised as a legal marriage according to the Customary Marriages Act. The exact traditions that need to be followed may differ from community to community, but generally, lobola must be paid after which the necessary rituals and celebrations must take place. A customary marriage also allows for polygamy, though the groom must apply for permission to the High Court and the customary marriage must be registered at the Department of Home Affairs within three months.

A religious marriage is entered into in terms of a religion like the Islamic faith. Although it is not legally recognised, spouses are protected against domestic violence and when a spouse dies, the surviving spouse may

  • Approach the Magistrate’s Court to request maintenance against the deceased estate
  • Inherit in terms of the Intestate Succession Act if no will was left behind  

If your partnership does not fit into any of the categories above, you are not married in the eyes of the law.

No such thing as a common-law marriage

Many South African live together with the understanding that their years of partnership and cohabitation constitutes a common-law marriage with all the legality that is involved in a marriage. This is false and they are just cohabiting a space with no legal commitment in terms of marriage. A cohabitation agreement can be entered into that can regulate financial and property matters, like who pays the mortgage and who pays for living expenses. It provides financial stability, but they are still not legally married.

So, what if my partner passes away?

It is clear that if you and your partner were not married in any of the manners as set out above and you had no type of contractual agreement, the surviving spouse is left with no legal recourse to make any claims against the deceased estate.

A partner is only entitled to inherit from the deceased estate if they were legally married, and a cohabitation agreement does not give you the same right.

The only way to ensure your life partner inherits from your deceased estate and is legally protected after your death is to draw up a will and include him/her in it.

At AED Attorneys, we understand that every relationship is unique. We also understand that the law will place you into certain legal boxes. Having an airtight will is one of the best ways to protect your loved ones, married or not, after your passing and that is where we can help.

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.

More About AED Attorneys