Administration of Estates Act Fees Adjusted

Department of Justice and Constitutional Development

Regulations to the Administration of Estates Act have been amended.

The justice and constitutional development department published the amendments in Government Gazette 41224.

The amendments deal with the fees charged for the estates of deceased persons or estates under curatorship.

A R600 fee is charged for estates with a value of R250 000 or more but less than R400 000.

For estates with a gross value of R400 000 or more, a further R200 will be charged for each R100 000 increase in the gross value up to a maximum of R7 000.

The amendments come into effect on 1 January 2018.

In the same Gazette, the department has published amendments to the regulations to three other acts:

•    Notice 1162 – amendments to Trust Property Control Act.
•    Notice 1163 – amendments to Third Schedule of Insolvency Act.
•    Notice 1164 – amendments to regulations in terms of Section 15 of the Companies Act.

1 January 2018 is the effective date for all three amendments.

Meanwhile, in a statement, the department has indicated that certain legislative provisions related to sexual offences need to be evaluated and possibly amended.

Some of the provisions include Section 164 of the Criminal Procedure Act on the competency assessment of children to testify in court, extending the state’s right to appeal cases on matters of fact and the development of minimum standards to ensure improved service delivery by all stakeholders.

The proposals follow a two-day National Forum on the implementation of the Criminal Law (Sexual Offences and Related Matters) Amendment Act.

A national action plan is to be drawn up.

In a separate matter, the department has announced the release of the report on the study of the assessment of the impact of the decisions of the Constitutional Court and the Supreme Court of Appeal on the transformation of society.

The study was initiated in 2012.

The report calls for constitutional dialogue amongst the three Branches of State to address issues of how to improve the socio-economic conditions of all South Africans.

Sabinet Cape Town Office