Dying without a Will (Intestate): Who Acts as Executor?
Dying intestate the courts will determine how the estate is to be distributed and who will be responsible for administrating the estate (acting as executor).
Posthumous Births: Are Children Born after Their Parent’s Death Entitled to the Estate?
Sadly, children are sometimes born after one of their parents passes away – a posthumous birth or after-born child. In other cases, babies can be conceived well after one of their parents has passed away because of current and advancing…
Probate vs. Letter of Administration: What’s the Difference?
When someone dies, it often leaves their loved ones wondering about how they should start administering the estate. If the deceased leaves a will, the courts need to verify its validity. If the deceased didn’t write a will, the courts…
When does the Government Inherit an Estate (the estate escheats)?
It is a surprisingly common misconception that if you don't write a will, the government will inherit your estate. The government rarely inherits an estate, and this only happens when there are absolutely no available beneficiaries or relatives of the…
Intestacy: Who Makes the Funeral Arrangements?
When a loved one passes away unexpectedly, it may leave family and friends without any idea of who should plan the funeral or what the deceased’s preferences would have been. As a general rule of thumb, the deceased’s estate executor…
Executor Passes Away, Who Finishes Administering the Will?
When a will writer dies, the executor named in their will handles the administration of the deceased's estate, ensuring the estate is distributed as intended. This can be a lengthy process, especially when executors are handling large, complex estates. In…
How Assets Are Distributed When Someone Dies Without a Valid Will (Intestate)
If someone dies intestate (without leaving a valid will), the courts determine the estate’s distribution. Part 3 of the Wills, Estates and Succession Act (WESA) outlines what exactly is to be done when someone dies intestate. While the distribution of…