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: 

Authorising a person to act in deceased estate 
SAQA US ID UNIT STANDARD TITLE
365191  Authorising a person to act in 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 
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 issue Letters of Authority and Letters of Executorship, endorse foreign Letters of Appointment and authorise the transfer of shares from deceased estates.

Learners credited with this unit standard will be able to:
  • Issue Letters of Executorship.
  • Issue Letters of Authority.
  • Endorse foreign Letters of Appointment.
  • Authorise the transfer of shares from a foreign estate. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that the learner is competent in Communication at NQF Level 4 and has an understanding of the general principles of the law relating to persons, the family (especially maintenance and marriage property arrangements), succession, things and contract. 

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain the role of the Master in authorising the administration of a deceased estate. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The need for regulation in the administration process of a deceased estate is explained. 

    ASSESSMENT CRITERION 2 
    The tools available to the Master in regulating the administration process of a deceased estate is explained. 

    ASSESSMENT CRITERION 3 
    The need for legal authority by the administrator of a deceased estate is explained. 

    SPECIFIC OUTCOME 2 
    Apply the rules regarding the jurisdiction of the Master in a deceased estate. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The rules determining the jurisdiction of the Master in a deceased estate is applied using a given set of facts. 

    ASSESSMENT CRITERION 2 
    Applications for the transfer of jurisdiction is handled according to laid down procedures. 

    ASSESSMENT CRITERION 3 
    Problems regarding multiple jurisdictions and dual appointments are resolved. 

    SPECIFIC OUTCOME 3 
    Deal with matters relating to wills when making an appointment in a deceased estate. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The validity of a will is assessed including assessing the validity of an amendment to a will and an assessment of the competency of the persons involved in the execution of a will. 

    ASSESSMENT CRITERION 2 
    A case where the Master refused to register and accept a will is handled according to prescribed procedures which include the need to wait with making an appointment until the prescribed time for applying to court for an order to accept the will has expired, or, when such an application has been made, the need to wait until the court case is finalised. 

    SPECIFIC OUTCOME 4 
    Deal with matters relating to intestate succession when making an appointment in a deceased estate. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The applicability of the rules of intestate succession is correctly assessed. 

    ASSESSMENT CRITERION 2 
    The identity of an intestate heir is determined. 

    ASSESSMENT CRITERION 3 
    The share of an intestate beneficiary is determined. 

    SPECIFIC OUTCOME 5 
    Issue Letters of Authority in a deceased estate. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The Master's discretion to dispense with the need to appoint an executor is exercised in an accountable and transparent manner. 

    ASSESSMENT CRITERION 2 
    The process of appointing a Masters' Representative is managed according to laid down processes and procedures. 

    ASSESSMENT CRITERION 3 
    Appropriate directions for the administration of the deceased estate are given. 

    ASSESSMENT CRITERION 4 
    Letters of Authority are issued according to laid down process and procedure. 

    SPECIFIC OUTCOME 6 
    Issue Letters of Executorship in a deceased estate. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The process of appointing an executor is carried out according to statute. 

    ASSESSMENT CRITERION 2 
    The correct procedure for appointing an executor dative is followed. 

    ASSESSMENT CRITERION 3 
    The correct procedure for appointing an executor testamentary is followed. 

    ASSESSMENT CRITERION 4 
    The need to furnish security has been determined and, when necessary, security has been asked for. 

    ASSESSMENT CRITERION 5 
    Letters of Executorship ire issued according to prescript and laid down procedures. 

    SPECIFIC OUTCOME 7 
    Endorse foreign Letters of Appointment in a deceased estate. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The process of authorising a foreign administrator is managed efficiently and effectively. 

    ASSESSMENT CRITERION 2 
    The need to distinguish between a proclaimed state and other states must be assessed is explained. 

    ASSESSMENT CRITERION 3 
    Proclaimed states are identified. 

    ASSESSMENT CRITERION 4 
    The conditions set for authorising a foreign executor to administer a deceased estate in South Africa are identified using a given set of relevant facts. 

    ASSESSMENT CRITERION 5 
    The method of authorisation is identified and applied to a set of facts. 

    ASSESSMENT CRITERION 6 
    The procedure to sign and seal foreign Letters of Appointment (with or without directions) are followed. 

    ASSESSMENT CRITERION 7 
    The endorsement is affected in the prescribed manner. 

    SPECIFIC OUTCOME 8 
    Deal with the transfer of shares in a foreign deceased estate. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The process of authorising the transfer of shares is managed. 

    ASSESSMENT CRITERION 2 
    The conditions set for the authority to transfer shares are identified. 

    ASSESSMENT CRITERION 3 
    The prescribed Letters of Authority is completed according to prescription. 

    SPECIFIC OUTCOME 9 
    Appoint an interim curator. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The need to appoint an interim curator is assessed. 

    ASSESSMENT CRITERION 2 
    The process of appointing an interim curator is managed according to laid down procedures. 

    ASSESSMENT CRITERION 3 
    The procedure for appointing an interim curator is followed. 

    ASSESSMENT CRITERION 4 
    The need to furnish security has been determined and, when necessary, security has been asked for. 

    ASSESSMENT CRITERION 5 
    Letters of Appointment are issued as prescribed. 

    SPECIFIC OUTCOME 10 
    Appoint an assumed executor. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The right to assume an executor is determined. 

    ASSESSMENT CRITERION 2 
    The process of appointing an assumed executor is managed according to prescribed procedures. 

    ASSESSMENT CRITERION 3 
    The correct procedure for appointing an assumed executor is followed. 

    ASSESSMENT CRITERION 4 
    The need to furnish security has been determined and, when necessary, security has been asked for. 

    ASSESSMENT CRITERION 5 
    Letters of Executorship are issued as prescribed. 

    SPECIFIC OUTCOME 11 
    Remove an executor. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The conditions set for removing an executor are discussed and applied to a set of facts. 

    ASSESSMENT CRITERION 2 
    The discretion to remove an executor is exercised correctly and in an open, accountable and transparent manner. 

    ASSESSMENT CRITERION 3 
    The process of removing the executor is managed according to laid down processes and procedures. 


    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.
  • The Wills Act 7 of 1953, as amended.
  • The Intestate Succession Act 81 of 1987, as amended.
  • Regulations Prohibiting the Liquidation or Distribution of the Estates of Deceased Persons by any Person other than an Attorney, Notary, Conveyancer or Law Agent (No R910 Gazette 2080 dated 22 May 1968 as amended by R1013 Gazette 2439 dated 20 June 1969 and R1376 Gazette 3227 dated 13 August 1971), but in its latest amended form and only in as far as the regulation is still valid when the assessment of the learner takes place. 

  • 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:
  • The correct appointment procedure has been identified.
  • The discretion to appoint a Masters' Representative has been exercised.
  • The directions for administering the estate by a Masters' Representative fit the facts of the case.
  • The discretion to remove an executor has been exercised. 

  • UNIT STANDARD CCFO WORKING 
    Working effectively with others as a member of a team, group, organisation, and community during:
  • The required decisions (appointing a Masters' Representative, appointing an executor dative and removing an executor) has been made in consultation with those affected by the decision.
  • The appointment processes are managed effectively and efficiently. 

  • UNIT STANDARD CCFO ORGANISING 
    Organising and managing oneself and one's activities responsibly and effectively when:
  • The appointment processes are managed effectively and efficiently. 

  • UNIT STANDARD CCFO COLLECTING 
    Collecting, analysing, organising and critically evaluating information to better understand and explain:
  • The correct procedure to follow when making an appointment has been identified.
  • The steps required to efficiently protect vulnerable persons' interests during the appointment of a Masters' Representative has been made. 

  • UNIT STANDARD CCFO COMMUNICATING 
    Communicating effectively using visual, mathematical and/or language skills in the modes of oral and/or written persuasion when:
  • The forms, documents and letters required by each appointment process has been generated correctly. 

  • UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrating an understanding of the world as a set of related systems by recognising that problem-solving contexts do not exist in isolation when:
  • Those affected by each appointment procedure has been identified and has been involved in the decision making process. 

  • 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.