Last year a neighbour woke me up at midnight. She needed help, because her 90-year-old husband had slipped, fallen and was in a coma.

After applying the basic emergency aid steps, I realised he had passed away. Then it dawned on me that I did not have the foggiest idea of what to do next.

In this real-life example the situation was relatively uncomplicated to handle. The neighbour’s adult children lived nearby and were called. They were prepared for the eventuality of their father passing, arrived quickly and took over all the arrangements.

But would you know what to do if somebody close to you passed and you had to handle matters?

Capital Legacy is South Africa’s leading Wills and Estates Specialist with over 400 000 client Wills drafted and 4 000 deceased Estates administered in the last 10 years. More than anyone we understand and empathise with clients who face this feeling of bewilderment when a loved one passes and have a few pointers to help.

The first 24 hours: Who to report the death to?

1. The police. They have designated officers who come out to the scene and assist in the paperwork that must be done. If it is a natural death the Death Certificate is issued on the same day the death occurred. If it is an unnatural death, it will take longer for the Death Certificate to be issued.
2. You could also contact funeral undertakers who are appointed and recognised by law. Undertakers are usually very sympathetic in your time of bereavement and mostly also very efficient because they deal with these matters daily.
3. A death may also be reported to specific officers at the Department of Home Affairs.
4. Traditional leaders who have been authorised to do so by the Department of Home Affairs may also issue a Death Certificate, especially in lieu of a branch of the Department of Home Affairs in rural areas.
5. If a loved one passes away abroad, the South African mission, embassy or consulate can also be contacted. The country in which the death occurs must issue a death certificate and a certified copy of the death certificate must be submitted to the South African embassy or mission when reporting a death. 

If the deceased is to be buried in South Africa, the embassy or mission will assist with the paperwork and arrangements with regards to transportation of the body to South Africa.

All the above have been sanctioned by the Department of Home Affairs to assist with and issue Death Reports and Burial Orders.

Capital Legacy would recommend that depending on the time and circumstances, the SAPS, funeral undertakers, or traditional leaders be contacted first. The necessary forms can be obtained from them.

Forms to be completed within the first 24 hours if possible

1. Form BI-1663 (Notification of death/still-birth): There are different sections of this form to be completed by specific people when reporting a death. The person reporting the death must complete a section, as does a medical practitioner and an official from the Department of Home Affairs. When a medical practitioner is not available a traditional leader may complete the form. If an official from the Department of Home Affairs is not available, then a member of the South African Police Services may be asked to complete that part of the form.
2. Form BI-1680 (Death Report): This will be issued after a death has been registered. It can be issued only by someone whom the Department of Home Affairs has authorised to do so (this includes traditional leaders, members of the SA Police Services and authorised undertakers).
3. Form BI-14 (Burial order): Above-mentioned designated people may also issue burial orders. No burial may take place unless authorised by way of a burial order.
4. Form BI-132: If you need an unabridged death certificate this form must be completed at Home Affairs, and the required fee paid.

What to do with the body if it was a natural death

If it was a natural death the body should not be taken away until the necessary documentation has been completed. The body may be taken away as soon as a Death Certificate has been issued. The funeral may take place as soon as a Burial Order has been issued.

The first 48 hours: Who to contact

• Family members and friends.
• Employer or educational establishments.
• Health professionals. You will also need to cancel any outstanding hospital, dental or other health related appointments.
• Agencies providing care such as social services, home carers, meals on wheels and day centres.
• Banks and other financial services, such as insurance companies.
• Pension providers.
• Credit card/store card providers.
• Mortgage providers.
• If the deceased lived in rented accommodation, inform the local authority, housing association or private landlord.
• Buildings and property insurance companies to ensure continued cover especially if the property is left unoccupied.
• Utility companies (electricity, gas, water, and telephone) and arrange transfer of account details if necessary.
• TV/internet companies
• Arrange redirection of post if necessary.
• Clubs/membership organisations/social groups.
• If the deceased held a firearms licence for work and/or recreational purposes, please contact your local police station.
• Social Media profiles need to be closed or memorialised.

The first 14 days: The Master of the High Court

When a person dies, the Estate must be reported within 14 days of death to the Master of the High Court’s office in the jurisdiction where the deceased normally lived.

Different forms must be completed, and documents supplied depending on whether the Estate is worth less than R125 000, less then R250 000 or more than R250 000.

An Estate worth more than R250 000

Now, this where it gets complicated, overwhelming, and confusing to the layman.

Remember, for an Estate to be executed, an Executor must be appointed by the Master of the High Court. If a person died Intestate (without a Last Will and Testament), the heirs will appoint an Executor which has to be confirmed by the Court.

If a person died with a Last Will and Testament in place, it makes matters less complicated. To start off with, a preferred Executor is already indicated, and the Court does not need to go through the process of one being nominated and appointed.

Firstly, a Letter of Executorship must be obtained from the Office of the Master. The Letter of Executorship designates the Executor who will be the Administrator of the Estate.

The following documents and information will also be needed for the process to kick off:

• Completed J94 Death Notice and original or certified copy of the Death Certificate.
• Original or certified copy of Marriage Certificate (if applicable) or acceptable proof of marriage, as requested by the Master. Marriage certificate/proof of registration of a customary marriage/minutes of a family meeting where proof of registration of a customary marriage cannot be furnished. Proof of religious marriage (Muslim or Hindu) or declaration confirming the existence of a same-sex life partnership (if applicable).
• A Declaration of Marriage by the Surviving Spouse indicating how the Deceased was married.
• All original Wills and Codicils or documents purporting to be such (if any).
• Completed J192 Next-of-Kin Affidavit (if the Deceased did not leave a valid Will).
• Completed J243 Inventory form showing all the Deceased’s assets.
• Nominations by the heirs for the appointment of an Executor in the case of an intestate Estate, or where no Executor has been nominated in the Will, or the nominated Executor has died or declines the appointment.
• Completed J190 Acceptance of Trust as Executor forms in duplicate by the person(s) nominated as Executor(s) plus a certified copy of the photo page of the Executor’s ID.
• J262 Undertaking and bond of security (unless the nominated Executor has been exempted from providing security in the Will, or is the parent, spouse, or child of the Deceased); and
• Declaration of existing marriage
• List of creditors

The above shows that the passing away of a loved one has quite intense administrative consequences and could stay traumatic for years to come, until the Estate is settled, and the Beneficiaries paid. Since the outbreak of the Covid-19 pandemic, turnaround times of settling Estates has slowed down considerably. Before Covid-19 the industry norm for Estates to be wound up, was between 8 months and 2 years. Now it could be anything between 18 months and 30 months although Capital Legacy still strives to settles estates in under 18 months.

Although it will not lessen the shock and the sense of bereavement for the family, Capital Legacy removes this administrative burden. Firstly, by drafting a professional Last Will and Testament for you and secondly by executing your Estate and covering the legal costs associated to dying.

Most people do not consider how complicated and time consuming it is dealing with the loss of a loved one. Capital Legacy has dedicated the last 10 years to making the loss of a loved one easier. Visit our website to arrange a free Will drafting consultation or to find out more about Wills and Estates: www.capitallegacy.co.za