The short answer
They can go to the Master of the High Court to ask for a letter giving the bank permission to release the funds.
The whole question
Dear Athalie
My sister and her partner had been living together for six years before she died in a car accident. My sister had three children who have been struggling to claim their inheritance because her assets have been frozen. She was also responsible for dealing with her partner's bills such as his medical aid (he would transfer money from his account into hers so that she could do both their transactions). Now, her partner's bills have not been paid and the children cannot access the money either. What are they supposed to do?
The long answer
When a person dies, her estate must be reported to the Master of the High Court in the district where she lived. The Master will appoint an executor to manage the estate, which can take up to three months or longer. In the meantime, the banks are legally required to freeze her accounts immediately after they are notified of her death.
In this time between the bank freezing her accounts and an executor being appointed, it is very hard for her children and her partner who are suddenly cut off from funds.
But in terms of the Administration of Estates Act, they can approach the Master of the High Court to ask for a letter giving the bank permission to release funds from your sister’s account to maintain the children and your sister’s partner.
After the executor has been appointed, he or she can also consider giving interim advances to your sister’s dependants, once they see there is if there is enough money to pay for any debts.
Perhaps you can contact Legal Aid to assist in applying to the Master of the High Court to confirm that the banks can release funds for your sister’s dependents. You and her partner would need to take all the documents you have, including your sister’s death certificate, her ID, the children’s birth certificates, the bank account numbers and so on.
Legal Aid is a means-tested organisation, that must provide legal assistance to people who can prove that they cannot afford a lawyer. Here are the contact details for Legal Aid:
Legal Aid Advice Line (toll-free): 0800 110 110
Please-Call-Me number: 079 835 7179
Wishing you the best,
Athalie
Answered on March 26, 2021, 9:55 a.m.
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