Topics Discussed:

• Legal Foundation of Redistribution Agreements

• What constitutes a valid Redistribution Agreement
• Legal nature of redistribution vs amendment of a will
• Distinguishing redistribution from renunciation, sale, donation and cession
• Statutory framework under the Administration of Estates Act 66 of 1965
• Recognition of RDAs under s 14(1)(b)(iii) of the Deeds Registries Act 47 of 1937

• Modern Methods of Redistribution

• Exchange and restructuring of inheritance awards
• Equalisation payments between beneficiaries
• Redistribution involving multiple heirs
• Introduction of non-estate assets
• Addressing co-ownership of immovable property
• Agricultural land and practical succession challenges

• Legal Requirements & Executor Responsibilities

• Vesting of inheritance rights
• Consent requirements and capacity considerations
• Lawful vs unlawful redistributions
• Executor’s fiduciary duties and limitations
• Ensuring the Liquidation & Distribution Account reflects redistribution correctly

• Timing, Enforcement & Estate Administration Process

• When an RDA becomes enforceable
• Interaction with the L&D Account inspection process
• Sections 35(4) and 35(12) compliance
• Vesting of beneficiary rights
• Executor duties following expiry of inspection period

• Conveyancing & Registration Practicalities

• Transfer of immovable property pursuant to redistribution
• Executor transfer to redistribution awards
• Section 42(1) certificate requirements
• Master’s Office and Deeds Office practice expectations

• Drafting & Practitioner Risk Areas

• Common mistakes leading to rejected RDAs
• Structuring legally compliant agreements
• Essential drafting clauses practitioners should include
• Practical templates

Presented by: Mrs Jade Theart (LL.B. ; LL.M (Commercial Law); Adv Estate Planning; Adv. Business Rescue)

Jade is an admitted attorney with over 10 years of post-qualification experience in law, specialising in estate planning, deceased estate administration, property law, and contractual law. In the area of estate planning, Jade provides comprehensive legal support, including the drafting and reviewing of last wills and testaments and related estate planning instruments. She is experienced in the administration of deceased estates ensuring compliance, efficiency, and sensitivity in managing the wishes of the deceased and the rights of beneficiaries. Jade’s professionalism, attention to detail, and client-focused approach plays an integral role in delivering high-quality legal services within the Finsolve group.

All Included:

• Video presented course
• Downloadable course material
• Certification of training
• Assessment (optional)
• SAIT Accredited (3 verifiable CPD hours)
• Comprehensive templates included!💥