How to prevent delays in winding up your estate

DELAYS in winding up an estate can create unnecessary hardship for grieving families, and while the Master's Office is often blamed for backlogs, the root cause frequently lies in poor or incomplete estate planning. Ensuring your estate is structured and documented properly can go a long way in easing the burden on your loved ones during an emotionally taxing time.

- SHERRY TAPFUMA

Original Will cannot be located: One of the first requirements when reporting a deceased estate is providing the Master's Office with the original Will and any codicils. If your loved ones are unaware of the location of your original Will or unsure whether you even have one, this can lead to significant delays. Locating the Will may require contacting your bank, financial planner, attorney, or insurance company, which can take weeks or even months to resolve.

Top tip: Tell your loved ones where your original Will is kept and ensure it's easily accessible after your death.

Dying intestate: If you die without a valid Will, your estate must be wound up in terms of the Intestate Succession Act. The Master’s Office will need to appoint an executor, which can be a time-consuming process. Furthermore, the lack of a Will may result in estranged or unintended beneficiaries inheriting from your estate, while your spouse may not be adequately provided for, particularly in second marriages or where adult children inherit a portion of the estate.

Top tip: Drafting a valid Will is the single most important step in avoiding unnecessary estate complications.