By: FISA

An urgent submission has been made to the Department of Justice

FISA asks for drafting and execution of wills to be declared an essential service during the lockdown

The Fiduciary Institute of Southern Africa (FISA) has made an urgent submission to the Department of Justice to consider having the drafting and execution of a will declared an essential service under the lockdown regulations. (The submission is attached as a PDF.)

Louis van Vuren, CEO of FISA, said: “We are getting daily queries from our professional fiduciary members asking us how wills can be executed in a time of lockdown. By law, a will needs to be signed by the testator and two witnesses in the presence of the testator. The witnesses may not be anyone who stands to benefit from the will.

“Given the lockdown’s “social distancing” requirements, it is not possible to execute a will legally. This urgently needs to be declared an essential service and we are waiting for feedback from the authorities,” he said.

Increasing the backlog at Master’s Offices

Mr van Vuren further said that the reduced staffing at the Master’s Offices around the country during the lockdown will greatly exacerbate the already existing backlog in some Master’s Offices regarding estate administration.

“The deceased person’s bank accounts are frozen after death, which can lead to spouses and family members who have lost a loved one to be severely cash-strapped.  The executor of the deceased estate cannot access any funds in bank accounts until appointed by the Master of the High Court and issued with letters of executorship.”

Deceased estate advertisements in the Government Gazette and in most newspapers have also been stopped. As these advertisements and the time periods attached to them are legal requirements in the estate administration process, this will mean further delays in deceased estates already under administration.

The impact of these delays on the economy is substantial as billions of rands are tied up in estates under administration. This situation can be dealt with without a substantial increase in physical contact between people, if more Master’s Office services are declared essential and smart solutions implemented.