Good day,I hope this email finds you wel...

Asked by Bernardeth1 on 05-03-2019 10:04:14
Question posted in the Property Law category relating to Gauteng
Question value: R 300.00

Good day,

I hope this email finds you well.

My question relates to my mother’s deceased estate. There was an executor appointment by my sister without myself as well as my Father knowledge and she falsified my dad signature, that is, in the executor’s nomination form the signature is false. We are currently in the process of selling the property and this was brought to our attention and we will like to know what steps should we take to rectify the situation.

Kind regards 

Bernardeth

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Information Requested by Lawyer

Posted by Att. Patrick on 05-03-2019 13:06:06

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship.

Do you mind if I take a moment to review your question? I will come back to you shortly!

In the interim, what outcome do you envision at this point based on what you've said above?

CaseLaw

Answer to the Question

Posted by Att. Patrick on 05-03-2019 15:01:06

Hi there and thank you for your question,

Okay, so the first thing that you need to do is to deal with the Master of the High Court. It is the Master's office which deals with the administration of the deceased's estate, and it is the Master's office which appoints and removes an executor.

You would need to write to the Master's office and explain exactly why the Master should remove your sister as the executor. Give reasons, in full, and attach proof if you can. An affidavit from your Dad saying that it is not his signature on the nomination form will go a long way.

Make a suggestion that a neutral attorney be appointed as the executor in order to administer the estate.

Then, keep the pressure on the Master to make a decision. If the Master refuses to assist you, then unfortunately your only option is to apply to Court to have your sister removed as executor.

If the Master refuses to assist you, and you don't want to spend the money going to Court, then you could always leave your sister as the Executor but then put pressure on the Master to ensure that she is administering the estate properly, and in accordance with your late Mother's Will.

As long as she does the job properly, there might not be any prejudice in you leaving her as the Executor.

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.

Information provided by client

Hello Patrick,

Thank you for your prompt reply and information provided has been quite helpful.

I do have a question though, should I personally write to Master of the High Court and I attach all the necessary documents? Do I send the letter to his/her office? Or do I need a lawyer to do that?

I hope to hear from you soon.

Kind regards

Bernardeth

Answer to the Question

Posted by Att. Patrick on 08-03-2019 13:21:30

Q: I do have a question though, should I personally write to Master of the High Court and I attach all the necessary documents? --> Yes, you can most certainly write directly to the Master's office. If possible, you should get somebody to hand deliver the letter to the office. Also, ensure that you mention the ESTATE NUMBER clearly on the top of the letter so that the letter gets into the Estate's file. You don't need a lawyer to do the letter on your behalf, but there is nothing stopping you from asking an attorney to draft, advise, or deliver the letter.

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