I was a child when my mother died three years ago. How can I get a duplicate of her ID and report her death to the Masters Office?

The long answer

1. Applying for a duplicate copy of your mother’s ID

Your mother’s ID number will be on the death certificate and also on her driving license, so Home Affairs will have her ID on their system. You should take the death certificate to Home Affairs and apply for a duplicate copy of her ID that you can have certified. You will have to complete form B1-132 and pay the required fee of R75.00.

You can also ask Home Affairs to stamp and certify the death certificate so that you can present it to the Master of the High Court.

2. A death is required to be reported to the Master’s office within 14 days

So you are very late in reporting your mother’s death, but as you are only eighteen now and you were a child of fifteen or so when your mother died, they are likely to overlook it.

When a death is reported, a deceased estate comes into being. The estate of the deceased person is frozen, and no one may withdraw funds from the deceased’s bank accounts or deal with any of the estate assets without the necessary permission from the Master of the High Court or until an executor is appointed. 

The Administration of Estates Act says that a person who is in possession of a property or document, except for a will, can retain the possession of that property or document, unless the Master or the Court says otherwise, until an executor has been appointed. 

Field’s Attorneys says that in the interim period before an executor is appointed, institutions like banks, insurance, and pensions can be notified of the death by sending a copy of the death certificate.

If the value of the estate is less than R250,000, the Master of the High Court may issue a letter of authority, in terms of section 18(3) of the Administration of Estates Act. If it is valued at more than R250 000, the Master will issue a letter of executorship – that is, appoint an executor.

If your mother left a will, you would need to take it to the Master along with the following documents:

• Completed Death Notice form - J294;

• Original or certified copy of the Death Certificate;

• Original or certified copy of Marriage Certificate (if applicable) or children’s birth certificates as requested by the Master;

• All original wills and codicils or documents purporting to be such (if any);

• Completed Next-of-Kin Affidavit  - J192 (if the deceased did not leave a valid will);

• Completed Inventory (form - J243) showing all the assets of the deceased (Proof of the value of the assets must be provided)

• List of creditors of deceased (if applicable);

• Nominations by the heirs for the appointment of a Master’s representative in the case of an intestate estate or where no executor
  has been nominated in the will or the nominated executor declines the appointment;

• Acceptance of Master’s Directions - J155 (English), completed and signed by the person as nominated above;

• Certified copy of the ID of the person to be appointed as Master’s representative.

The other thing is that the Master’s Offices have been chaotic and dysfunctional since the Covid pandemic in 2020, so it could take a long time to get your mother’s deceased estate wound up. 

GroundUp reported in November 2023 that there was finally a rescue plan aiming to fix backlogs, improve digitisation, increase capacity, ensure standardisation and transparency, and to stop corruption in Master’s Offices across the country.

3. In terms of claiming UIF death benefits: 

Dependent children under 21 can claim if there is no surviving spouse or life partner.

The UIF Act was amended in 2018, and now a dependent has 18 months to claim UIF death benefits after the contributor passes away. Although you have missed the deadline as it has been three years since your mother died, it may still be worth going to your local labour office and asking if they can help you. 

To claim death benefits, you would need to complete Form UF127 and submit it at the Labour Office. You will also need:

• A copy of your identity document.

• Copies of your mother’s last six payslips.

• Information supplied by the employer on form UI-19.

• A service certificate from the employer.

• A certified copy of your birth certificate.

• Proof of your banking details.

• A certified copy of the death certificate.

• Proof of that she was your mother.

• Proof that you are a learner who was dependent on the deceased.

The Labour Office would give you Form UF128, which needs to be filled in by the deceased's last employer and then submitted at the Labour Office.

The death benefit is the amount that the worker could have claimed if they were unemployed. This is paid out in one payment.

If they reject your claim because you have missed the 18 months deadline, you could try to appeal to the Regional Appeals Committee (RAC) and, if that fails, you could try to appeal to the National Appeals Committee (NAC) whose decision is final. 

If you want more information on the appeal process, you can ask at your local labour office or call the UIF Call Centre on 0800 843 843 and have your ID number ready.

4. In terms of claiming your mother’s pension benefit:

If a person’s provident or pension fund has not been claimed, the fund will usually place the money in an Unclaimed Benefits Fund while they wait for it to be claimed. The Prescription Act says that a claim will prescribe, in other words, expire, after three years, but it will not expire if the pension or provident fund is a member of the Association of Savings and Investments South Africa (ASISA). If your mother’s pension fund was a member of ASISA, unpaid money can be claimed at any time, and that it will never become the property of the company or its shareholders, in terms of ASISA’s Standard on Unclaimed Assets. 

So, if you were named as an heir or a beneficiary of your late mother’s pension or provident fund, and that fund is a member of ASISA, you should still be able to claim the money. 

This is a lot to take in!

You could approach Legal Aid (which is a means-tested organisation) for free legal advice and assistance:

• Legal Aid Advice Line (Toll-free): 0800 110 110

• Please-Call-Me number: 079 835 7179

You could also approach The Black Sash, an organisation that gives free paralegal advice, to help you:

• Email: help@blacksash.org.za 

• Helpline: 072 663 3739 or 063 610 1865

Wishing you the best,
Athalie