(b) so far as is practicable, consult the deceased person’s family and the beneficiaries and endeavour to obtain the beneficiaries’ agreement to it. 68E Consideration and approval of inheritance plan (1) As soon as possible after drawing up a plan in terms of section sixty-eight, an executor shall submit it to the Master for approval. (2) On receipt of a plan drawn up in terms of sixty-eight D, the Master shall take such steps as he considers necessary or appropriate to satisfy himself that— (a) the executor has consulted all the members of the deceased’s family and beneficiaries whom he could with reasonable diligence have consulted, and has obtained the beneficiaries’ agreement to the plan; and (b) the beneficiaries who have agreed to the plan have done so with full knowledge and understanding of their rights. (3) If the Master— (a) is satisfied that a plan submitted to him in terms of subsection (1) has been agreed to by all the beneficiaries concerned or by such of them as the executor could with reasonable diligence have consulted, the Master shall approve the plan and authorize the executor to distribute or administer the estate in accordance with it; (b) has reason to believe that the executor has failed to consult a member of the deceased’s family or a beneficiary whom he could with reasonable diligence have consulted, the Master shall refuse to approve the plan until that family member or beneficiary has been consulted and, in the case of a beneficiary, his agreement to the plan has been obtained; (c) has reason to believe that one or more of the beneficiaries concerned have not agreed to a plan submitted to him in terms of subsection (1), the Master shall proceed to determine, in accordance with section sixty-eight F, any issues in dispute between the executor and the beneficiary or beneficiaries, and shall direct the executor to distribute or administer the estate in accordance with his determination. 68F Resolution of dispute over inheritance plan (1) In determining any issue between an executor and a beneficiary in terms of paragraph (c) of subsection (3) of section sixty-eight E, the Master shall— (a) adopt such procedure as, in his opinion, will resolve the issue in the speediest and least expensive manner consistent with real and substantial justice; and (b) ensure that the executor and the beneficiary concerned are afforded a reasonable opportunity to state their respective cases. (2) The Master shall be guided by the following principles, to the extent that they are applicable, when determining any issue between an executor and a beneficiary in terms of paragraph (c) of subsection (3) of section sixty-eight E— (a) any personal articles which, under customary law, devolve upon a member of the deceased person’s family should be given to that family member, and their value excluded from the net estate for the purposes of paragraphs (b) to (j); (b) where the deceased person was a man and is survived by two or more wives and had one or more children— (i) one-third of the net estate should be divided between the surviving wives in the proportions two shares to the first or senior wife and one share to the other wife or each of the other wives, as the case may be; and (ii) the remainder of the estate should devolve upon— A. his child; or B. his children in equal shares; as the case may be, and any of their descendants per stirpes; (c) where the deceased person was a man and is survived by two or more wives, whether or not there are any surviving children, the wives should receive the following property, in addition to anything they are entitled to under paragraph (b)— (i) where they live in separate houses, each wife should get ownership of or, if that is impracticable, a usufruct over, the house she lived in at the time of the deceased person’s death, together with all the household goods in that house; (ii) where the wives live together in one house at the time of the deceased person’s death, they should get joint ownership of or, if that is impracticable, a joint usufruct over, the house and the household goods in that house; (d) where the deceased person is survived by one spouse and one or more children, the surviving spouse should get— (i) ownership of or, if that is impracticable, a usufruct over, the house in which the spouse lived at the time of the deceased person’s death, together with all the household goods in that house; and

Select target paragraph3

Add to table of contents