Inheritance Informaton Gathering and Investigations
Inheritance Investigations
Often called probate or estate investigations are formal processes used to identify heirs, locate missing beneficiaries, and uncover hidden assets after someone passes away. These are often triggered when a person dies intestate (without a will) or when a will is contested.
Since you are in South Africa, these investigations are often tied to the Master of the High Court and the Administration of Estates Act.
Why Investigations Occur
Investigative steps are usually taken to resolve specific legal or financial hurdles:
• Locating Missing Heirs: Executors are legally required to make a "good faith" effort to find all beneficiaries. If an heir cannot be found, their share may be paid into the Guardian’s Fund for up to 30 years.
• Asset Discovery: Finding "hidden" wealth, such as offshore accounts, undisclosed property, or insurance policies that weren't listed in the initial inventory.
• Verifying Relationships: In cases of intestate succession, investigators confirm familial links (e.g., unrecognized children or proof of customary marriages) to ensure the estate is divided according to the Intestate Succession Act.
• Fraud & Interference: Investigating claims of forged wills, "sham" donations, or the illegal siphoning of funds by a family member before or after the death.
The Investigation Process
Professional investigators or tracing agents typically follow these steps:
Public Records: Scouring the Government Gazette, electoral rolls, and property registers.
Genealogy: Building family trees to identify the next-of-kin when no descendants are known.
Skip Tracing: Using specialized databases to find the current address or contact info of a "lost" relative.
Financial Audit: Reviewing bank statements and SARS records to find inconsistencies or unclaimed assets.
Interviews: Speaking with neighbors, former colleagues, or estranged relatives to verify stories.
Key Legal Considerations in South Africa
If you are involved in an inheritance matter, keep these local requirements in mind:
• Reporting the Estate: Every estate must be reported to the Master of the High Court within 14 days of death.
• Letter of Executorship: If the estate is worth more than R250,000, the Master issues a Letter of Executorship; if less, a Letter of Authority is issued.
• Tax Compliance: SARS (South African Revenue Service) may launch its own investigation into "Estate Duty" if it suspects assets were undervalued to avoid tax.
• Liability: Executors can be held personally liable if they distribute funds without making a reasonable effort to find a missing heir who later surfaces.
Note: If you suspect an inheritance is being withheld or a will is fraudulent, it is often best to consult a forensic investigator such as Jonathan van Rensburg from ISS-Investigations who specializes in deceased estates rather than attempting to gather evidence alone.
