DATE OF QUESTION: 17 SEPTEMBER 2010
354. Mr M W Makhubela (COPE-Limpopo) to ask the Minister of Justice
and Constitutional Development:
Whether, with regard to the Guardian's Fund and Master's Office
presentation on 7 September 2010 to the Portfolio Committee on Justice
and Constitutional Development, any measures have been put in place to
protect beneficiaries for low value category estates; if not, why not;
if so, what are the relevant details?
CW450E
REPLY:-
I am pleased to advise the Honourable Member that my Department, through
the Guardian's Fund and Master's Office, has introduced free assistance
for the administration of deceased estates for minor heirs. This is in
terms of a Service Level Agreement signed between Legal Aid South Africa
(LASA) and the Master's Office. The Service Level Agreement describes
the services, service levels and procedures that will be delivered by
LASA on behalf of minor heirs who qualify for assistance in
administering the estates of their deceased parent/s.
The following services will be provided by LASA in this regard:-
* Administration of deceased estates where minors are heirs and
qualify for assistance, provided that where, in an estate in which there
are minor heirs and there are also adult heirs who might not otherwise
qualify for assistance, the provision of assistance to the minor(s) may
dictate that assistance is provided to the adults in the same process;
* Assisting minors in lodging maintenance claims against estates
of deceased parents;
* Assistance with the appointment of legal guardians for minors
whose legal guardians have passed away as well as assisting with the
appointment of guardians to enable a minor to access money that is in
the Guardian's Fund;
* Providing legal representation for qualifying minors in estates
where an executor/estate administrator, other than LASA, has been
appointed;
* The institution and defence of litigation in connection with any
benefit that may be claimable by an applicant against an estate as well
as the appointment or removal of an executor; and
* Legal services incidental to or arising out of the aforegoing.
It should be noted that one of the provisions of receiving this
assistance is that the income of the household must not exceed R5 500
per month (after deductions of income tax). The Master can also refer a
matter to the LASA if the minor heir owns immovable property with a
value less than R300 000, or in some cases, where the minor heir owns
movable property with the value less than R75 000.
In conclusion, I would like to inform the Honourable Member of the
reduced turnaround time in respect of the finalisation of small estates
by the Master's Office. This means that where the assets of the estate
is less than R125 000, the matters would be finalised within 4 months.
I would like to report that during the first quarter of this financial
year (2010/2011), the Master's Office has finalised estates in this
category, well within the prescribed time-frames.