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 THAT HAS PASSED THE END DATE: 

Draft and interpret wills and administer deceased estates 
SAQA US ID UNIT STANDARD TITLE
116098  Draft and interpret wills and administer deceased estates 
ORIGINATOR
SGB Legal Education and 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 7  Level TBA: Pre-2009 was L7  7 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "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 understanding the legislation regulating wills and estates.

The qualifying learner will be able to:
  • Discuss the legislation regulating wills.
  • Draft a will.
  • Administer a deceased estate.
  • Calculate estate duty. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Learners registering for this unit standard will have demonstrated competence in legal knowledge at NQF level 7 as contained in a recognised law degree like B Proc or LLB or any other qualification recognised as equivalent to such a law degree in terms of legislation as indicated in the notes to the qualification. This assumed learning is listed in paragraph 4 of the qualification "Post graduate certificate in Attorneys Practice". 

    UNIT STANDARD RANGE 
    Range statements are included with specific outcomes as necessary. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Discuss the legislation regulating wills. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    List the requirements for a valid will, executed on or after 1 January 1954. 

    ASSESSMENT CRITERION 2 
    Indicate who is competent to make and witness a will. 

    ASSESSMENT CRITERION 3 
    Explain the Court's overriding discretion regarding the validity of wills. 

    ASSESSMENT CRITERION 4 
    Explain how, when and where may the testator, witness and commissioner of oaths sign a will. 

    ASSESSMENT CRITERION 5 
    Explain the provisions governing amendment of wills. 

    ASSESSMENT CRITERION 6 
    Indicate when a court will declare a will to be revoked and explain what criteria the court will apply. 

    ASSESSMENT CRITERION 7 
    Explain the effect of divorce or annulment of marriage on a will. 

    ASSESSMENT CRITERION 8 
    Explain the effect of waiver, ability to inherit or disqualification to inherit on the object of an inheritance. 

    ASSESSMENT CRITERION 9 
    Explain the position of an adopted child or person born out of wedlock to whom the testator leaves a bequest to his "children". 

    ASSESSMENT CRITERION 10 
    Explain the provisions governing a bequest to the children of a person or to the members of a class of persons. 

    ASSESSMENT CRITERION 11 
    Explain the incompetency of a person involved in the execution of a will to inherit, with reference to situations where permission to inherit may be granted. 

    SPECIFIC OUTCOME 2 
    Draft a will. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Draft, based on a set of facts and / or a practical situation, a simple will, with specific reference to revocation, appointment of an executor, professional fee, legacies, the heirs, simultaneous death, fideicommissa and usufructs, heirs to inherit free of community and accrual system, collation, appointment of guardians, appointment of trustee and funeral direction. 

    ASSESSMENT CRITERION 2 
    Explain the concepts "joint will" and "massing" as well as the presumption against massing. 

    ASSESSMENT CRITERION 3 
    Distinguish between "dies cedit" and "dies venit". 

    ASSESSMENT CRITERION 4 
    Explain the effect of a prohibition or forfeiture. 

    ASSESSMENT CRITERION 5 
    Distinguish between the concepts "per stirpes" and "per capita". 

    ASSESSMENT CRITERION 6 
    Distinguish between the concepts "adiation" and "repudiation". 

    ASSESSMENT CRITERION 7 
    Explain the concept "fideicommissum" and usufruct 

    ASSESSMENT CRITERION 8 
    Explain the limitations on freedom of testation and its contents with regard to agricultural land, proceeds from pension funds, surviving spouses and fideicommissum in perpetuity. 

    SPECIFIC OUTCOME 3 
    Administer a deceased estate. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    List and explain the procedure to be followed in administering a deceased estate with regard to a given set of facts. 

    ASSESSMENT CRITERION 2 
    Explain the functions of the master, the executor, the conveyancer and registrar of deeds. 

    ASSESSMENT CRITERION 3 
    Explain the steps to be taken and which formalities have to be complied with in order to report the estate. 

    ASSESSMENT CRITERION 4 
    Complete an "Acceptance of Trust as Executor "form (J190). 

    ASSESSMENT CRITERION 5 
    Draft, based on a set of facts and / or a practical situation, a covering letter to the master when the estate is reported. 

    ASSESSMENT CRITERION 6 
    Explain which steps can be taken while waiting for the letters of executorship to be issued. 

    ASSESSMENT CRITERION 7 
    Explain the provisions contained in the Administration of Estates Act, 66 of 1965 relating to the appointment of executors, with specific reference to the duties of an executor, appointment of an interim curator and nomination of an executor. 

    ASSESSMENT CRITERION 8 
    Distinguish between "executor testamentary" and "executor dative". 

    ASSESSMENT CRITERION 9 
    Indicate when a master's representative will be appointed. 

    ASSESSMENT CRITERION 10 
    Explain which steps can be taken after receiving the letter of executorship but before lodging the liquidation and distribution account. 

    ASSESSMENT CRITERION 11 
    Draft the notice to creditors in terms of section 29 of the Administration of Estates Act. 

    ASSESSMENT CRITERION 12 
    Distinguish between the following methods of liquidation - award in specie, partial sale of assets, total sale of assets and taking over by the surviving spouse in terms of Section 39 of the Administration of Estates Act. 

    ASSESSMENT CRITERION 13 
    Draft a redistribution agreement with regard to a given set of facts. 

    ASSESSMENT CRITERION 14 
    Explain the concept of statutory "estate massing" in terms of Section 37 of the Administration of Estates Act, with specific reference to the requirement for massing, limited interest, adiation or repudiation and estate duty. 

    ASSESSMENT CRITERION 15 
    List the sub-sections contained in a liquidation and distribution account and explain the contents of each sub-section. 

    ASSESSMENT CRITERION 16 
    List the documents that have to be attached in support of the various items contained in a liquidation and distribution account. 

    ASSESSMENT CRITERION 17 
    Draft a liquidation and distribution account with regard to a given set of facts. 

    ASSESSMENT CRITERION 18 
    Explain the concept "collation". 

    ASSESSMENT CRITERION 19 
    Explain the purpose and contents of the query sheet issued by the master. 

    ASSESSMENT CRITERION 20 
    Draft a notice for publication in the Government Gazette regarding inspection of the liquidation and distribution account. 

    SPECIFIC OUTCOME 4 
    Calculate estate duty. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Make the basic calculations in respect of estate duty with regard to a given set of facts. 

    ASSESSMENT CRITERION 2 
    Indicate against which estates, estate duty can be levied. 

    ASSESSMENT CRITERION 3 
    Apply the general formula to determine the dutiable amount of an estate 

    ASSESSMENT CRITERION 4 
    Indicate what is meant by the "gross value" of the estate. 

    ASSESSMENT CRITERION 5 
    Give a brief analysis of Section 3 of the Estate Duty Act 45 of 1995. 

    ASSESSMENT CRITERION 6 
    Define "property" for purposes of the Estate Duty Act and explain how the valuation of the various assets is done. 

    ASSESSMENT CRITERION 7 
    Determine the value of certain assets for purposes of administering an estate with regard to a given set of facts and / or a practical situation. 

    ASSESSMENT CRITERION 8 
    Explain the provisions for the Estate Duty Act that apply to insurance policies on the life of the deceased, fund benefits, donatio mortis causa and claims in terms of Section 3(1) of the Matrimonial Property Act. 

    ASSESSMENT CRITERION 9 
    List the deductions allowed by the Estate Duty Act. 

    ASSESSMENT CRITERION 10 
    Explain the concept of "apportionment of estate duty". 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • Anyone assessing a learner or moderating the assessment of a learner against this qualification must be registered as an assessor with the POSLEC SETA ETQA and / or any other body with whom a mou was entered into.
  • Any institution offering learning that will enable achievement of this qualification must be accredited as a provider through the POSLEC SETA ETQA and / or any other body with whom a mou was entered into by SAQA.
  • The POSLEC SETA ETQA and / or any other body with whom a mou was entered into will oversee assessment and moderation of assessment according to the moderation guidelines in the relevant competency and the agreed procedures of the POSLEC SETA ETQA and / or any other body with whom a mou was entered into.
  • Moderation must include both internal and external moderation of assessment at exit points of the qualification, unless ETQA policies specify otherwise. Moderation should encompass achievement of the competence described both in individual unit standards, exit level outcomes as well as the integrated competence described in the qualification.
  • Anyone wishing to be assessed against this competency may apply to be assessed by any assessment agency, assessor or provider institution that is accredited by the POSLEC SETA ETQA and / or any other body with whom a mou was entered into. 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    Demonstrated knowledge and understanding:
  • The nature and functioning of legal organizations and the legal system.
  • Ethical and professional conduct.
  • Problem solving techniques.
  • Values such as fairness, justice, accountability, etc. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    Personal development. 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identifying and solving problems. 

    UNIT STANDARD CCFO WORKING 
    Working effectively with others as a member of a team, group, organisation or community. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrating an understanding of the world as a set of related systems. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Contributing to the personal development of learners and the society and economy, by being culturally sensitive and by participating as responsible citizens in the life of local, national and global communities. 

    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
    Core  48920   National Certificate: Attorneys Practice  Level 7  NQF Level 07  Passed the End Date -
    Status was "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.
     
    1. LAW SOCIETY OF SOUTH AFRICA 


    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.