Debtor Estate Sequestration Timelines

Summary

In South Africa, the Insolvency Act 24 of 1936 requires a notice of surrender to be published in the Government Gazette and a local newspaper at least 14 days before a court hearing. If the debtor fails to proceed with sequestration, the notice lapses, leaving the estate unsurrendered. Creditors may claim costs incurred and initiate sequestration proceedings. For intestate succession, the Intestate Succession Act 81 of 1987 applies, distributing the estate among surviving family members based on legal entitlements. Proper recording of financial transactions, including trust receipts and payments, is essential, with VAT considerations at 15%.

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Yes
If you need more detailed information, here are some additional points regarding the process and implications:
- Re-application: The debtor can reapply for voluntary surrender but must follow the same procedure (publication in the Gazette and local newspaper).
- Costs: Creditors can claim costs incurred due to the failed surrender process.
- Legal Action: Creditors may initiate sequestration proceedings against the debtor if they believe it’s warranted.
Do you need assistance with a particular aspect, such as dealing with creditors or initiating sequestration?
X dies intestate with an estate value of R1 * *. X leaves behind the following people: *. His wife Y to whom he was married in community of property. *. His daughter A *. His stepdaughter B *. His adopted son C *. His two grandchildren D and E from his predeceased son F *. His brother G *. His father H X dies intestate with an estate value of R800 *. X leaves behind the following people: *. His two brothers A and B *. His sister C *. His aunty D *. His stepsister E *. His three half-sisters from his father’s side F, G and H. For both above questions, indicate who inherits, how much they each inherit and why do they inherit? South Africa
For intestate succession in South Africa, the Intestate Succession Act * of * applies.
1st Scenario:
Estate Value: R1,*,*
- Wife (Y): Married in community of property, she gets half the estate (R600,*) and inherits a child’s share of the remaining half.
- Remaining Estate: R600,*
- Child’s Share: R600,* / * (daughter, adopted son, grandchildren) = R150,* each
- Daughter (A): R150,*
- Adopted Son (C): R150,*
- Two Grandchildren (D and E): Share R150,* (R75,* each)
- Stepdaughter (B): Excluded
- Brother (G) and Father (H): Excluded
2nd Scenario:
Estate Value: R800,*
- Brothers (A and B), Sister (C): Share equally
- R800,* / * = R266,*.* each
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During the course of your practice, the following transactions take place: *. You receive R800 *.* from K Hart as a deposit for the purchase of a property. *. K Hart authorises you in writing to invest the funds on his behalf with Green Bank. *. M Carey instructed you to collect an amount of R250 *.* from C Rock as damages to her vehicle caused by the negligence of Mr Rock. You issue a summons and debit a fee of R1 *.*. *. You receive R120 *.* from T Banks as a deposit for the registration of a trust. *. Mrs Banks instructs you in writing to invest the money with Blue Bank. *. Mrs Banks further instructs you to proceed with the registration of the Bank’s Family Trust. You draft the documents you charge a fee of R40 *.*. *. Mrs Banks instructs you to withdraw R20 *.* from the investment. *. Mrs Banks further instructs you to pay R11 *.* (inclusive of VAT) to the agent that submitted the documents at the Master’s offices. *. You receive a further payment of R45 *.* from K Hart in respect of the transfer costs which include transfer fees and transfer duty. *. You receive payment in the amount of R25 *.* (inclusive of VAT) from A Keys in settlement of your statement of account, for professional services rendered in her divorce case. *. You pay R22 *.* to SARS in respect of the transfer duty in the matter of Mr Hart. *. You receive a payment in the amount of R100 *.* from Mr Rock as a part payment in respect of the damages to Mrs Carey’s vehicle. *. You record the collection commission in the amount of R1 *.*. *. You receive R5 * *.* from Obama Construction (Pty) Ltd as the purchase price in respect of a new development. *. You decide to invest R2 * *.* of the available trust funds with Red Bank. *. You call up the investment with Green Bank and you receive interest in the amount of R4 *.*. You pay the beneficiaries thereof. *. You receive a cash payment from D Johnson in the amount of R25 *.* as a deposit in action proceedings against the Minister of Police. *. You receive medical reports from the medical practitioner in the matter for Mr Johnson and you pay his account in the amount R8 *.*. *. You debit an instruction fee of R2 *.* in the matter of Mr Johnson. *. You withdraw R1 * *.* from the Red Bank investment. *. You brief Counsel in the matter of Mr Johnson and you receive the particulars of claim together with Counsel’s account in the amount of R14 *.* (inclusive of VAT). You pay Counsel. *. You withdraw a further R37 *.* of the investment with Blue Bank on instructions of T Banks to cover your fees. *. It is the end of the month and you effect a trust transfer of the amounts that you are entitled to transfer. *. You pay any available funds to Mrs Carey. *. You pay SARS the amount due in terms of Output Vat. Record all of the above transactions as they would appear in your books of account. Funds must be transferred from your trust to your business account only once at the end of the month. Make provision where applicable for VAT at the rate of *%. It is not necessary to prepare accounting statements. South Africa
To assist you with recording these transactions in your books of account, you would generally follow these steps:
*. Trust Receipts:
- R800,* from K Hart (deposit)
- R250,* from C Rock (damages)
- R120,* from T Banks (trust deposit)
- R45,* from K Hart (transfer costs)
- R25,* from A Keys (divorce fees)
- R100,* from Mr Rock (damages)
- R5,*,* from Obama Construction (purchase price)
- R25,* from D Johnson (deposit)
*. Trust Payments:
- Invest R800,* with Green Bank (K Hart)
- Debit R1,* (summons fee, M Carey)
- Invest R120,* with Blue Bank (T Banks)
- Charge R40,* (trust registration fee, T Banks)
- Withdraw R20,* (T Banks)
- Pay R11,* (agent fee, T Banks)
- Pay R22,* (SARS, K Hart)
- Charge R1,* (commission, M Carey)
- Invest R2,*,* with Red Bank (Obama Construction)
- Pay R4,* interest to beneficiaries (Green Bank investment)
- Pay R8,* (medical report, D Johnson)
- Debit R2,* (instruction fee, D Johnson)
- Withdraw R1,*,* (Red Bank investment)
- Pay R14,* (Counsel fee, D Johnson)
- Withdraw R37,* (Blue Bank investment, T Banks)
- Trust transfer to business account (end of month)
- Pay available funds to Mrs Carey
- Pay SARS Output VAT
Would you like more detailed steps on how to categorize these transactions or any specific assistance regarding the VAT calculations?
Yes
To categorize transactions:
*. Trust Receipts:
- K Hart deposit: R800,*
- C Rock damages: R250,*
- T Banks trust deposit: R120,*
- K Hart transfer costs: R45,*
- A Keys divorce fees: R25,*
- Mr Rock damages: R100,*
- Obama Construction purchase price: R5,*,*
- D Johnson deposit: R25,*
*. Trust Payments:
- Invest K Hart's funds with Green Bank: R800,*
- M Carey summons fee: R1,*
- Invest T Banks' funds with Blue Bank: R120,*
- T Banks trust registration fee: R40,*
- Withdraw T Banks' funds: R20,*
- T Banks agent fee: R11,*
- SARS (K Hart transfer duty): R22,*
- M Carey commission: R1,*
- Invest Obama Construction funds with Red Bank: R2,*,*
- Green Bank interest to beneficiaries: R4,*
- D Johnson medical report: R8,*
- D Johnson instruction fee: R2,*
- Withdraw Red Bank investment: R1,*,*
- D Johnson Counsel fee: R14,*
- Withdraw Blue Bank investment for T Banks: R37,*
- End of month trust to business account transfer
- Available funds to Mrs Carey
- SARS Output VAT
Would you like specific assistance with the VAT calculations or any other aspect?