Levy demand after estate wound up
MY MOM had a timeshare. She passed away last August. Unfortunately, due to problems with the death certificate, I was only appointed as executor in January this year. Upon my appointment, I immediately notified the timeshare company of her death and requested they dispose of the unit.
They had responded at the time, but then I heard nothing further from them until August of this year. My mom’s estate was less than R100 000 and she had no will. According to my knowledge, everything legally required by me was conducted and I had even advertised her death in the local paper where the timeshare is located (despite there being no legal requirement to do so).
The estate was then wound up and the Master of the Court was notified thereof.
Now five months after this, the timeshare company approached me regarding outstanding levies and the unit – despite the fact that they knew this at the time of my mom’s death. Furthermore, I requested that they take the timeshare over and sell it themselves as no dependant wanted the asset and I can’t legally force it onto any dependant.
Initially they accepted and said they would sell it – but now they are reneging and demanding payment and that the asset be sold by us, since they do not handle any sales. To my knowledge of the agreement, they have every right to sell the unit themselves in lieu of any debt owing, yet they are refusing to take the unit.
What are our rights, as I am not an expert in this field? Can they demand payment from the estate when it has been wound up and they were informed and never put in a claim, and, second, can they refuse to take the asset back as none of the dependants wish to take over the asset as they have no use for it. The agreement was in my mom’s name.
Commercial attorney Trudie Broekmann says: “In terms of our Law of Succession, a debt is not transferred to the heirs of a deceased person (only an asset is, and then only if the heir agrees to take it). Consequently, no payment is due to the timeshare company, they have no claim against the estate or the heirs.”