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Tag: Processing the Deceased's Estate

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.

what to do when someone dies

What to Do When Someone Dies

Written by Design on . Posted in Deceased Estates Administration.

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.

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