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Newsletter 38

Newsletter 38

Dear Colleague
Autumn, the season where the landscapes gradually change into beautiful warm autumn colours. 

We have officially entered this season on 20 March. We are also experiencing another great change which affects everyone - the arrival of the coronavirus.  This decease has a far-reaching effect on our daily lives and inevitably demands changes in our behaviour.  The good news, though, is that even this pandemic will eventually be curbed and pass, just like the seasons come and go.  Even though it may still get much worse before it will get better, we live with the hope that it will pass soon.  In the meantime, we need to make sustainable changes in personal hygiene and behaviour in our daily lives during this crucial time.
Information on the coronavirus is freely available on the internet and social media. Unfortunately, there is also a lot of misinformation and myths about the disease. Check the South African Coronavirus page and the  Centers of Disease Control’s coronavirus page for up to date information regarding Covid-19.
Basically follow the standard recommendations to prevent the spread of Covid-19, which include frequent cleaning of hands using an alcohol-based hand rub or soap and water, covering the nose and mouth with a flexed elbow or disposable tissue when coughing and sneezing and avoiding close contact with anyone that has a fever and cough, especially if they have already tested positive for the virus.  Physical contact should be minimized as far as possible by keeping a safe distance from each other.
To effectively wash hands, have a look at the guideline for the proper washing of hands at the following link:
The best we can do is to stay positive and make the necessary behavioural changes that will keep us out of harms’ way by following the basic recommendations.
“It is easier to build strong children, than to repair broken adults.”
Childline Gauteng has been on the forefront of protecting vulnerable children and promoting children’s rights since 1987.  Their focus is to ensure that vulnerable, abused, traumatized and neglected children are safe, healed and more resilient as this is fundamentally necessary to enable them to reach their true potential.
They offer a unique holistic basket of free services 24/7, 365 days, providing support to hundreds of thousands of children and their families, whose human rights have been compromised and are beset with violent, psycho-social and economic challenges.
Childline Gauteng is registered with SARS as a PBO which allows them to issue Section 18A certificates for donations made to their organization.
Read more about Childline Gauteng at
Read more about this in the next edition

What is the role of the executor?  The executor must administer the estate of the deceased and must make sure that the terms of the Will are carried out.  The basic duties of the executor are to take control of the assets of the deceased, pay the debts and distribute the estate to the beneficiaries under the Will.
It is possible to remove an executor from an estate, but it can only be done by the Master of the High Court or a court of law.  It can only be done, though, on die grounds listed in section 54 of the Administration of Estates Act 66 of 1965.  This Act governs the conduct of executors in deceased estates.
South Africa has a well-established legal system in place.  However, any recourse to the courts is costly and beyond the reach of a big segment of the population.
It should be kept in mind that an executor cannot be removed because of mere hostility or disagreements between the executor and other interested parties.  The courts are very clear that an elevated standard would be required to be met before an executor may be removed.  This standard would include conduct such as dishonesty, gross inefficiency and untrustworthiness.  The court must be satisfied that it is undesirable for the executor to continue acting as executor.
Court cases were filed because of discontent with the conduct of the executor, but our courts confirmed the position that mere unhappiness and even inefficiency on the side of the executor did not warrant the removal of the executor.  They see such interference with the management of the estate of a deceased in a serious light, particularly as such course of action would upset the deliberate selection by a deceased of the executor to carry out his or her wishes.
The Act provides for other remedies for beneficiaries other than having the executor removed from his office.  Such remedies include for example, that the Master or another person (such as a beneficiary) can apply to the court for an order directing the executor of an estate to perform his duty or comply with a demand or requirement of the Act, including if necessary, recovering the costs of such an application from the executor personally.
As mentioned before, turning to the courts for any reason whatsoever, is costly and therefore it is best to nominate EFBOE as executor, who is a professional and experienced entity in the administering of estates.
Source:  Cilliers & Reynders

Aaron Spelling, who created and produced series such as Dynasty, Starsky and Hutch and Beverly Hills 90210, died after a severe stroke in 2006 at the age of 83. Reportedly his estate plan was changed only two months before his death.  This raised a few eyebrows because Alzheimer’s disease was listed as a contributing factor on his death certificate. 
According to reports, his famous daughter, Tori, also had a fall out with her father only nine months before his death, which could have contributed to the shocking bequest of $800,000 of The entire $500million+ estate to each of the two siblings, Tori and Randy Spelling.
The bulk of the estate went to his wife, Candy.  Tori and Candy were estranged for years and only recently reconciled, but they admitted to not being close.  There was no court case to contest the Will because of a “no-contest” clause in the Will, which penalise beneficiaries who attempt to contest the Will, potentially causing them to lose their entire inheritance.  This just proves once again that even with all the wealth in the world, good relationships and real happiness cannot be bought.

Until next time.
“The Legatus Times” Team

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