The short answer
The property can only be sold with the written permission of all the heirs or if there isn’t enough cash in the estate to pay all the debts
The whole question
Dear Athalie
My mother nominated my brother to deal with the estate of our late father. Since then, my mother has also passed away. My brother now has a letter of authority and is in the process of selling the house. He did this without informing any of us. What can we do to stop him?
The long answer
As the Representative who has been given the letter of authority by the Master of the High Court, your brother must administer the deceased estate in terms of the Administration of Estates Act 66 of 1965. These rules lay down that the Representative must see to it that all the debts of the deceased are paid. After all the debts have been paid, the property that remains must be transferred to the rightful heirs.
The property can only be sold with the written permission of all the heirs or if there isn’t enough cash in the estate to pay all the debts. In that case, the Representative must first pay off the debts with the money from the sale of the house and then distribute what remains to the heirs.
To sell the house, your brother would first have to get permission from the Master of the High Court (who gives the Letter of Authority) to sell it. He would have to show the Master documents such as the signed permission of all the heirs to sell the property and a signed offer to purchase from a buyer. The Master must be satisfied that the property is being sold at market value, that all the rightful heirs have been identified and what they would inherit. The Master can then endorse the sale of property from a deceased estate.
Your brother does not become the owner of the property through having the letter of authority, and he is not allowed to sell it without the Master endorsing the sale. Before a house can be registered in the name of a buyer, the representative with the letter of authority must have a certificate from the Master that there is no objection to transferring ownership of the house.
You could approach the Master (any magistrate’s court will have a Master’s office) and report that the house is being sold without the family’s knowledge or permission. It might be helpful to take an affidavit stating this, which all the family members have signed and given their ID numbers.
The Chief Master of the High Court has established a helpline where more information can be obtained. The number of this helpline is 012 406 4805 or e-mails can be directed to chiefmaster@justice.gov.za.
You could also approach Legal Aid to help you obtain a court order to stop the sale. Legal Aid is a means-tested organisation which must assist people who cannot afford a lawyer.
These are the contact details for Legal Aid:
Legal Aid Advice Line (Toll-free): 0800 110 110
Legal Aid Ethics Hotline: 0800 153 728
Please-Call-Me number: 079 835 7179
Wishing you the best,
Athalie
Answered on May 28, 2021, 2:08 p.m.
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