New Paralegal Services benefit

Administering a Deceased Estate? We can help you

When a person dies, they leave their earthly belongings behind that must be divided amongst their loved ones. The deceased person's belongings will either be distributed according to their wishes (if there is a valid Will) or according to the rules of who should inherit as stipulated in law (if there was no valid Will).

Making sure that all the legal requirements are being followed and that the deceased's belongings are distributed accordingly can often be a very daunting task. A deceased's Will can mention who the dedicated person should be who will be attending to the administration of the estate or, if there was no Will, the heirs of the deceased can nominate someone. More often than not, the person responsible for attending to the deceased estate is the next of kin, such as a spouse or child.

In South Africa, the law distinguishes between a deceased estate that is more than R250 000.00 (where an executor will be appointed) and one that is less than R250 000.00 in value (where a representative will be appointed). The reason for this is that there are different procedures to follow. In an estate less than   R250 000.00 (also commonly referred to as a “section 18(3) estate”), the representative does not have to comply with all the formal requirements. This means that the representative does not always have to draft the formal accounts and have these accounts available for inspection.

However, the representative is still responsible for reporting the deceased estate, making a list of the property (all assets, such as money, policies, physical objects and so on) forming part of the deceased estate, paying the debts due by the deceased estate, and distributing the remaining property to the heirs. This can also become quite a complicated task with many forms to complete and the representative might need some help and guidance through the process.

How can LegalWise assist?

We are very excited to announce that, as of 1 July 2025, we will be expanding our Paralegal Services offering to our GoldPLUS and Platinum Members, to provide advice and guidance regarding section 18(3) estates. These paralegal services will only be provided to:

>  The representative appointed in the deceased estate of the Main Member, provided that the Main Member had a paid-up GoldPLUS or Platinum Membership at the time of death. 

>  The Main Member who was appointed as the representative in the deceased estate of a Member as defined in section 1(i) and (j) of the LegalWise Membership Agreement. Paralegal services in these instances will be limited to one instance within a continuous one-year period of paid-up GoldPLUS or Platinum Membership.

The services will include giving advice to applicable Members, explaining the process in the administration of a section 18(3) estate and what can be expected, as well as assisting with the completion of all the necessary documentation.