Understanding the Role of the Master of the High Court in Winding Up a Deceased Estate in South Africa

The Master of the High Court plays a crucial supervisory and regulatory role in the estate administration process in South Africa. Key aspects of the Master’s role include:

 

Oversight and Supervision

  • Oversees the administration of deceased estates to ensure proper procedures are followed
  • Supervises executors/representatives to act in the best interest of the estate
  • Has the power to remove executors who fail to perform their duties properly

 

Administrative Functions

  • Receives and processes reports of deceased estates
  • Appoints executors or representatives to administer estates
  • Issues Letters of Executorship granting legal authority to administer the estate
  • Safeguards all documentary material related to estates

 

Protection of Interests

  • Protects the financial interests of heirs and beneficiaries
  • Safeguards the interests of minors and legally incapacitated persons
  • Oversees the Guardian’s Fund for minors and mentally challenged individuals

 

Regulatory Responsibilities

  • Ensures compliance with relevant laws, particularly the Administration of Estates Act
  • Reviews and approves the Liquidation and Distribution Account
  • Processes inquiries from executors, attorneys, beneficiaries, and other interested parties

 

Additional Duties

  • Supervises the administration of trusts
  • Oversees insolvent estates and liquidations
  • Determines and assesses estate duties (delegated by SARS)

 

The Master’s role is essential in ensuring the orderly and lawful administration of deceased estates, providing a critical safeguard for the rights and interests of all parties involved in the estate process.