Deceased Estates: Redistributions

Today, the use of RDAs has expanded beyond its traditional purpose, and it now caters to various demands and new developments in testate, and intestate succession law.

Beneficiaries can now "trade" their bequests through sale, exchange, or donation, and they can even bring-in non-estate assets to balance the redistribution, if they so wish.

This course wishes to explore the complexities around the redistribution agreements of a Deceased Estate.

Topics Discussed:

• Background & legal requirements for RDAs

  • What is an RDA and how does it work?

  • Legal requirements for redistributing

  • Who enforces an RDA?

  • What is the timeline of enforcing an RDA?

• What is an RDA and how does it work?

  • What methods of redistribution is available

  • What if there are three beneficiaries?

  • Practicality of sharing co-ownership of the assets

  • Prohibition of award of farmland to more than one beneficiary

  • What solutions are available?

• Legal requirements for RDAs

  • What are the Executor’s responsibilities

  • Lawfulness and unlawfulness of redistributions

  • What consent must be given

  • Is the L&D Account in line with the RDA’s awards

• Who is required to enforce the RDA?

  • S 14(1)(b)(iii) of the Deeds Act defines an RDA as an agreement entered into by beneficiaries and/or the surviving spouse

  • The executor transfer to award

• Enforcement of the RDA

  • After last inspection day in the advertisement notice of the L&D Account but only if no objections were submitted or all objections resolved [Ss 35(4) & (12)]

  • Beneficiaries obtain vested rights in inheritance awards

  • Executor required to finalize all payments and transfers. To be done - two months after the advertisement notice’s expired inspection period

  • Executor must ensure that immovable property is registered and submit s 42(1) certificate, as proof

  • Master obliged to ensure the executor's required submission of proof of compliance