Estate Rent Collection Dispute

Summary

In South Africa, fiduciary property in a will is managed according to the testators instructions. If a property is held in fiduciary capacity, it is not part of the executors personal estate. Rent from such property should be managed per the wills terms. If there are disputes, the Master’s Office can provide guidance. Executors must act in accordance with the will and legal requirements. If you have concerns about the executors actions, consider reviewing the will, gathering evidence, and consulting a lawyer specializing in estate law. You can also approach the Master’s Office for clarification and guidance on the fiduciary property and rent collection.

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south Africa law regarding will estates
Hi ****! In South Africa, the laws regarding wills and estates are governed by the Wills Act * of * and the Administration of Estates Act * of *.
- A will must be in writing and signed by the testator and two witnesses.
- The executor administers the estate according to the will.
- Intestate succession applies if there is no will.
Do you have any specific questions about wills and estates?
*.* Spesiale Bemaking Ek bemaak my vaste eiendom geleë te Umdoni Grove *, St Winifreds aan my eggenote HEDDA POTGIETER in ‘n fidusiêre hoedanigheid onderworpe aan die volgende voorwaardes:- *.*.* By die dood van my eggenote sal die fidusiêre bate aan my seun WYNAND DEON POTGIETER toeval, of aan sy afstammelinge by plaasvervulling indien hy voor die beëindiging van die fidusiêre reg te sterwe kom.” *
Hi ****! It looks like you have a fiduciary bequest in your will. Here's a brief explanation:
- Your wife will hold the property in a fiduciary capacity.
- Upon her death, the property will pass to you, **** Deon Potgieter, or to your descendants if you pass away before her.
Do you have any specific concerns or questions regarding this bequest?
Hedda is my stepmother
Hi ****! Thanks for clarifying. Here’s a bit more information based on your situation:
- If Hedda is your stepmother, the fiduciary bequest means she will manage the property until her death.
- After her death, the property will pass to you or your descendants.
Do you have any specific concerns about this arrangement?
yes
Hi ****! What specific concerns do you have about this fiduciary bequest involving your stepmother Hedda?
for the record Henk is her biological son and name executor in her will
Hi ****! Here are some key points to consider:
- As executor, Henk will manage the estate.
- The fiduciary property will pass to you or your descendants after Hedda's death.
- Henk's role does not affect the fiduciary bequest to you.
Do you have concerns about Henk’s role as the executor?
Henk is collecting the rent and claiming it is part of Hedda`s estate to pay her estate fees
Hi ****! If Henk is collecting rent claiming it's part of Hedda's estate to pay estate fees, here are a few points to consider:
- The executor has the responsibility to settle estate debts and fees.
- Rent from estate property can be used to pay these fees.
- Ensure Henk is acting in accordance with the will and legal requirements.
Do you have any concerns about how Henk is managing the estate funds?
dose my father Nicholas property make part of Hedda`s estate fiduciary capacity
Hi ****!
The key points to consider:
- Nicholas' property held in a fiduciary capacity by Hedda is not part of her personal estate.
- It should pass to you or your descendants upon her death.
- Ensure the executor handles it according to the will.
Do you have concerns about how this is being managed?
who`s will ?
Hi ****! To clarify, you’re asking about the will that contains the fiduciary bequest involving Hedda, your stepmother, and the property from your father, Nicholas. Is that correct?
the will i gave you is my Fathers will
Hi ****! Thanks for clarifying. Since this is your father's will, the fiduciary property should be managed according to his will. Hedda holds the property in fiduciary capacity, and it will pass to you or your descendants upon her death, not as part of her estate.
Do you have any specific concerns about Henk's actions or the management of the property?
Can I collect the rent from the tenants ?
****, if the property is held in a fiduciary capacity and will ultimately pass to you, the rent collected should be managed according to your father's will. However, as executor, Henk has the authority to manage the estate, including rent collection, to settle debts and fees.
Do you have any concerns about how Henk is handling the rent?
For Hedda`s estate ?
Hi ****! It seems like there is some confusion about the rent collection. Since Henk is the executor of Hedda's estate, he has the authority to collect rent to settle her estate's debts and fees. However, if the property is part of your father's will and held in fiduciary capacity, it should be managed according to your father's will.
Do you have concerns about the specific actions Henk is taking with the rent?
managed according to your father's will then dose the rent fall part of Hedda`s estate ?
No, the rent does not form part of Hedda’s estate if the property is managed according to your father's will. The rent should be managed as per the fiduciary conditions set by your father’s will.
Do you have any concerns about how Henk is managing the rent specifically?
He is collecting the rent for Hedda`s estate
Hi ****! If Henk is collecting rent for Hedda's estate, he may be doing so to cover her estate's debts and fees. However, since the property is held in fiduciary capacity per your father's will, the rent should be managed according to that will.
Do you want to contest Henk's handling of the rent?
yes
Hi ****! If you want to contest Henk's handling of the rent, you may need to seek legal advice to ensure your father's will is being followed correctly. Here are a few steps you could consider:
- Review your father's will carefully.
- Gather any evidence of Henk's actions.
- Consider consulting a lawyer specializing in estate law.
Would you like more information on how to proceed with this contestation?
can the masters office where my fathers will is instruct henk that the property is not part of hedda estate the property is held in fiduciary capacity per your father's will
The Master’s Office can provide guidance to Henk regarding the administration of your father's will. They can clarify that the property is held in fiduciary capacity and not part of Hedda's estate.
Would you like information on how to approach the Master’s Office?
yes
Hi ****! To approach the Master’s Office for guidance:
- Write a formal letter or visit the Master’s Office.
- Provide a copy of your father's will.
- Explain your concerns about the fiduciary property and rent collection.
Would you like detailed steps on how to draft the letter or any other specific information?