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UK executor unable to get death certificate for a death in South Africa

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  • UK executor unable to get death certificate for a death in South Africa

    My wife is the residuary beneficiary of the estate of an aunt who died in South Africa in 2021. She had assets in both SA and the UK which were subject to separate wills in each country. She appointed a SA Solicitor as executor for her SA estate and a UK solicitor for her UK estate. I have no understanding of the system in SA but the SA solicitor seems to have got probate and is progressing to distributing her estate. Unfortunately, the UK solicitor has so far been unable to obtain a death certificate, receiving no response from either the SA solicitor (who is of course under no obligation to become involved) nor from the SA Department of Homeland Affairs, which I understand is not unusual. The UK solicitor has told my wife that they cannot proceed without a death certificate.

    Is there a way in which the UK solicitor can proceed if they cannot get a death certificate from SA?
    Thanks.
    Keihal.
    Tags: None

  • #2
    Not sure if the SA solicitor works in the same way, but as the appointed executor on behalf of the beneficiaries he should be aware that the estate in the UK cannot be completed in respect of UK assets without the Probate office here having a death certificate. The beneficiaries should request that he provides one as soon as possible to avoid delay.

    Should he not be disposed to help, then you would need to know the procedure for challenging his position as an executor, but all beneficiaries would probably need to be in agreement.

    Unfortunately the rules of other countries are totally different from the UK

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