Tag: administration of estates

Registration of an Estate

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DID YOU KNOW THAT YOU CAN REGISTER A DECEASED ESTATE WITHOUT A DEATH CERTIFICATE?

A deceased estate can be registered without the death certificate. The death certificate can be filed at a later stage, as it is not a preliminary requirement for the purposes of registering the estate.

For an estate to be registered there must be two things:

  1. Death
  2. Property (owned by the deceased) – both movable and immovable assets that have an attached monetary value.

The process of registering an estate can be done by ANY interested party, which may include:

    1. Spouse
    2. Relative
    3. Child
    4. Creditor

These are people who have an interest in the estate being registered and dissolved.

This information is for general  purposes only 

Criminal Offence with a Deceased Estate

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DID YOU KNOW YOU COULD GET ARRESTED FOR NOT REGISTERING A DECEASED PERSON’S ESTATE?

Section 5 of the Administration of Estates Act [Chapter 6:01] (hereinafter referred to as “the Act”) states that failure to register a deceased estate within 14 (fourteen) days warrants a criminal offence! The Act provides that:

            5          Death notices to Master, Assistant Master or magistrate

“ (1)  Whenever any person dies leaving any property in possession, reversion or expectancy or leaving a will, the nearest relative or connection of the deceased who is at or near the place of death, or in default of any such near relative or connection, the person who at or immediately after the death has the chief charge of the house in or of the place on which the death occurs shall, within fourteen days thereafter, cause a notice of death to be framed in the form A in the Second Schedule, …….”

The Act further goes on to state that any person that “without just cause, fails to comply with subsection 1 shall be  guilty of an offence and liable to a fine…..or to imprisonment for a period not exceeding one month…..”.

Do not let yourself be caught on the bad side of the law, and don’t let yourself be a candidate for imprisonment! Talk to our team of lawyers who are also Estate Administrators to assist you with all things pertaining to the estate of your deceased loved ones. Get in touch today.

his is for general information purposes only.