SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Examine a liquidation and distribution Account in a deceased estate 
SAQA US ID UNIT STANDARD TITLE
365189  Examine a liquidation and distribution Account in a deceased estate 
ORIGINATOR
Task Team - Justice Legal Training 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Justice in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 6  NQF Level 06  10 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This Unit Standard is aimed at Assistant Masters and Examiners attached to the Office of the Master of the High Court who supervises the work of executors in deceased estates.

Learners credited with this Unit Standard will be able to draw and examine a liquidation and distribution account in a deceased estate. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
It is assumed that the learner is competent in:
  • The general principles of the law relating to persons, the family (especially maintenance and marriage property arrangements), succession, things and contract.
  • Mathematics or Mathematical Literacy at NQF Level 3.
  • The Unit Standards:
    > Appoint a Tutor, Curator or Administrator to a person incapable or prohibited from managing his or her own affairs.
    > Apply the master's supervision of the administration of an estate of a person incapable of managing his or her own affairs. 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Determine and collect the information necessary to draw a liquidation and distribution account. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The legal construction created in a will is identified and correctly reflected in the liquidation and distribution account. 
    ASSESSMENT CRITERION RANGE 
  • Legal constructions commonly used in wills are trusts, fideicommissa, massing, direct substitution, modi, collatio and limited real rights (like use, occupation, usufruct etc).
  • Learners should be able to identify these constructions and reflect them correctly in the liquidation and distribution account.
     

  • ASSESSMENT CRITERION 2 
    The heirs in an estate are identified and their share in the distribution of the estate assets are determined. 
    ASSESSMENT CRITERION RANGE 
    Heirs may be identified by a will and/or the Intestate Succession Act. Their share in the estate may be determined by the will, the Intestate Succession Act, ante-nuptial contract or a redistribution agreement.
     

    ASSESSMENT CRITERION 3 
    The effect of divorce on the competency to inherit and statutory substitution (both in terms of the Wills Act and the Intestate Succession Act) is understood and applied in a liquidation and distribution account. 

    ASSESSMENT CRITERION 4 
    A method of liquidation is chosen and reflected in the liquidation and distribution account. 
    ASSESSMENT CRITERION RANGE 
    Methods of liquidation include award in specie, selling estate assets, partial sale of estate assets, redistribution agreements and a section 38 take-over.
     

    ASSESSMENT CRITERION 5 
    Claims in favour of the estate and claims against the estate are identified and quantified. 
    ASSESSMENT CRITERION RANGE 
    Creditors' claims, maintenance claims and accrual and other marriage property claims must be included in the assessment.
     

    SPECIFIC OUTCOME 2 
    Draw a liquidation and distribution account. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The heading of the account is drawn according to prescripts. 

    ASSESSMENT CRITERION 2 
    The liquidation account is drawn according to prescripts. 

    ASSESSMENT CRITERION 3 
    The recapitulation statement is drawn according to prescripts. 

    ASSESSMENT CRITERION 4 
    The distribution account is drawn according to prescripts. 

    ASSESSMENT CRITERION 5 
    The income and expenditure account is drawn according to prescripts. 

    ASSESSMENT CRITERION 6 
    The fiduciary asset account is drawn according to prescripts. 

    ASSESSMENT CRITERION 7 
    The estate duty addendum is drawn according to prescripts. 

    ASSESSMENT CRITERION 8 
    The executor's certificate is drawn according to prescripts. 

    SPECIFIC OUTCOME 3 
    Examine a liquidation and distribution account. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The liquidation and distribution account is compared with the main documents on the Master's file and queries are raised where necessary. 
    ASSESSMENT CRITERION RANGE 
  • The main documents must include the death notice, inventory, will or next of kin affidavit, and acceptance of trust as executor. It may also include court orders, an ante-nuptial contract, redistribution agreements, repudiation certificates or adiation certificates.
     

  • ASSESSMENT CRITERION 2 
    The liquidation and distribution account is compared with the correspondence on the Masters' file and queries are raised where necessary. 

    ASSESSMENT CRITERION 3 
    The liquidation and distribution account is compared with the vouchers lodged and queries are raised where necessary. 
    ASSESSMENT CRITERION RANGE 
    Learners must be able to assess the situation to determine whether vouchers are called for or not. They must also be able to determine the acceptability of a voucher, especially relating to the question of whether or not a voucher is authentic.
     

    ASSESSMENT CRITERION 4 
    The liquidation and distribution account and the vouchers lodged with it are compared with the bank statements and paid cheques lodged, and queries raised where necessary. 

    ASSESSMENT CRITERION 5 
    The Master's fees is calculated, compared with the account and assessed correct. 

    ASSESSMENT CRITERION 6 
    The executor's fees is calculated and compared with the account. 

    ASSESSMENT CRITERION 7 
    The query sheet is prepared and sent to the executor. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through RPL) against this Unit Standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA, or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this Unit Standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this Unit Standard or assessing this Unit Standard must be accredited as a provider with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • Chapter 1 and chapter 2 of the Administration of Estates Act 66 of 1965, as amended.
  • Regulations in terms of section 103 of the Administration of Estates Act 1965 as amended (R473 Gazette 3425 dated 24 March 1972) in the latest amended form when assessment of the learner takes place.
  • The Trust Property Control Act 57 of 1988, as amended.
  • The Wills Act 7 of 1953, as amended.
  • The Intestate Succession Act 81 of 1987, as amended.
  • The Immovable Property (Removal and Modification of Restrictions) Act 94 of 1965.
  • The Matrimonial Property Act 88 of 1984, as amended.
  • The Maintenance of the Surviving Spouses Act 27 of 1990, as amended.
  • The Estate Duty Act 45 of 1955, as amended.
  • The common law relating to succession. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identifying and solving problems in which responses display that responsible decisions using critical and creative thinking have been made when:
  • An appropriate method of liquidation has been decided upon, taking into account the wishes of the testator and the needs of the beneficiaries. 

  • UNIT STANDARD CCFO ORGANISING 
    Organising and managing oneself and one's activities responsibly and effectively when:
  • The information requirements for drawing the account has been identified, the required information collected and reported correctly in the liquidation and distribution account. 

  • UNIT STANDARD CCFO COLLECTING 
    Collecting, analysing, organising and critically evaluating information to better understand and explain:
  • The information requirements for drawing the account has been identified, the required information collected and reported correctly in the liquidation and distribution account. 

  • UNIT STANDARD CCFO COMMUNICATING 
    Communicating effectively using visual, mathematical and/or language skills in the modes of oral and/or written persuasion when:
  • A liquidation and distribution account has been drawn that correctly reflects the administration process of the estate to date of the account, and reflect meaningful and acceptable plans for the distribution of the estate. 

  • UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Elective  50265   National Certificate: Family Law Practice  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2023-06-30  SAS SETA 
    Elective  97228   National Certificate: Paralegal Practice  Level 5  NQF Level 05  Reregistered  2021-06-30  As per Learning Programmes recorded against this Qual 
    Elective  49598   National Diploma: Paralegal Practice  Level 5  NQF Level 05  Reregistered  2023-06-30  SAS SETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    NONE 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.