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An estate is wound up when it has fallen into possession and is cleared of liabilities, and so left free for enjoyment by the beneficiaries. The executor's first duty is to gather in all the estate's assets in the possession of other persons, unless the Master of the High Court authorises such other persons to retain the property.
Bwanya v Master of the High Court, Cape Town and Others is an important decision in the South African law of succession and particularly the law of intestate succession.It was decided by the Constitutional Court of South Africa on 31 December 2021 with a majority judgment written by Justice Mbuyiseli Madlanga.
The role of a master in the High Court of Justice of England and Wales is concerned primarily with trial and case management of High Court civil claims in London excluding committals to prison, judicial review and criminal cases. There are masters in the King's Bench Division, Chancery Division and the Senior Courts Costs Office (Taxing Masters ...
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
In 2003, Robinson notified the Master of the High Court that she intended to claim maintenance from the residue of the deceased's estate. Richard Volks, who was the deceased's law partner and the executor of his estate, was not amenable to this claim, because Robinson was not the legal spouse of the deceased.
In Kidwell v The Master, an important case in the South African law of succession, the testator had signed right at the bottom of the will; there was about 17 centimetres (6.7 in) between the end of the will (which included the witnesses’ signatures) and the testator's signature. The question before the court was where the end of the will was.
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The probate court will then oversee the process of distributing the deceased's assets to the proper beneficiaries. A probate court can be petitioned by interested parties in an estate, such as when a beneficiary feels that an estate is being mishandled. The court has the authority to compel an executor to give an account of their actions.