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: 

Interpret the will in a deceased estate 
SAQA US ID UNIT STANDARD TITLE
119133  Interpret the will in a deceased estate 
ORIGINATOR
SGB Banking and Micro Finance 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 03 - Business, Commerce and Management Studies Finance, Economics and Accounting 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5  10 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
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 intended for persons who attend to the administration of deceased estates. A person credited with this unit standard will be able to interpret the Last Will and Testament of the deceased and record the interpretation. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
Prior to attempting this unit standard the learner should be competent in the following:

Unit standards:
  • " Demonstrate knowledge and understanding of the FAIS legislation"
  • " Demonstrate knowledge and understanding of the Capital Gains Tax Act"
    and
  • Communication at NQF Level 4 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Determine the validity of the Will. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The Will is examined to determine that it is validly executed in accordance with the requirements of the Wills Act. 

    ASSESSMENT CRITERION 2 
    Any Codicils to the Will are examined to determine that such Codicils are validly executed in accordance with the requirements of the Wills Act. 

    ASSESSMENT CRITERION 3 
    Any alterations made to the Will and/or Codicils are examined to determine that such alterations have been validly executed in accordance with the requirements of the Wills Act. 

    ASSESSMENT CRITERION 4 
    The records to establish that the Will has not been revoked under the provisions of the Wills Act or by a later testamentary disposition are examined. 

    SPECIFIC OUTCOME 2 
    Determine the Executor nominated in the Will to administer and distribute the estate. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The nominated Executor is identified and such nomination is established as being valid under Testamentary Law and recorded in accordance with company-specific procedures. 

    ASSESSMENT CRITERION 2 
    Any special powers and/or authorities granted to the Executor are identified and established as being valid under the Wills Act and recorded in accordance with company-specific procedures. 

    ASSESSMENT CRITERION 3 
    Whether the Executor is required to provide security or not, in accordance with the provisions of Testamentary Law is established and recorded according to company requirements. 

    ASSESSMENT CRITERION 4 
    Any special provisions regarding the remuneration of the Executor as being valid under Testamentary Law are established and recorded according to company requirements. 

    SPECIFIC OUTCOME 3 
    Determine the devolution of the estate. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Any pre-legacies, cash legacies and other special bequests in accordance with the provisions of Testamentary Law are established and the identities of the legatees that are to benefit are determined and recorded in accordance with company-specific procedures. 

    ASSESSMENT CRITERION 2 
    The heirs to the residue of the estate in accordance with the provisions of Testamentary Law and the identities of each heir and the proportion of the residue that is to devolve upon each are determined and recorded in accordance with company-specific procedures. 

    ASSESSMENT CRITERION 3 
    It is established that all bequests made are legally valid and that no beneficiary is disqualified or debarred from inheriting in terms of Testamentary Law. 

    ASSESSMENT CRITERION 4 
    The devolution of any portion of the estate devolving in intestacy in accordance with the Laws of Intestate Succession is determined and recorded. 

    ASSESSMENT CRITERION 5 
    Any conditions imposed on any bequest or inheritance are examined to determine that such conditions are legally and constitutionally valid and are recorded in accordance with Testamentary Law. 

    ASSESSMENT CRITERION 6 
    If the will purports to create a massing of estates, or a portion thereof, it is determined whether such massing is valid in accordance with Testamentary Law. 

    ASSESSMENT CRITERION 7 
    If there is a massing of estates, or where the terms of the will require a beneficiary to elect whether to adiate or repudiate any benefit, the implications are explained to the beneficiary and valid certificates of adiation or repudiation are obtained in accordance with legal requirements. 

    ASSESSMENT CRITERION 8 
    Any amounts or assets to be brought into collation by beneficiaries in terms of the provisions of Testamentary Law are established and recorded. 

    SPECIFIC OUTCOME 4 
    Determine the terms and conditions of any limited interests created in terms of the Will. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The terms and conditions of any limited interests created to determine the validity thereof in terms of Testamentary Law are established. 

    ASSESSMENT CRITERION 2 
    The details in respect of any limited interest created are established in accordance with the principles of Testamentary Law are determined and recorded 

    SPECIFIC OUTCOME 5 
    Determine any special directions and/or wishes expressed by the Testator. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Any directions regarding funeral rites and burial or cremation according to the testator's wishes are established and recorded. 

    ASSESSMENT CRITERION 2 
    Any directions regarding the appointment of a Guardian for any minor children according to the testator's wishes are determined and recorded. 

    ASSESSMENT CRITERION 3 
    Any other directions and/or wishes as expressed by the Testator are established and recorded. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through RPL) against this unit standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this unit standard or assessing this unit standard must be accredited as a provider with the relevant ETQA, or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA according to the policies and guidelines for assessment and moderation of that ETQA, at its discretion, in terms of agreements reached about assessment and moderation between various ETQAs (including professional bodies). 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • Testamentary Law
  • The Wills Act
  • The requirements of the Administration of Estates Act and the requirements of the Master of the High Court relating to the administration of a deceased estate.
  • The procedures relating to the administration of a deceased estate.
  • The Law of Persons and the Laws relating to marriage and divorce.
  • Intestate succession
  • Income Tax Act
  • Capital Gains Tax legislation
  • The Subdivision of Agricultural Land Act No.70 of 1970.
  • The Subdivision of Mineral Rights Act No. 10 of 1975.
  • The Immovable Property (Removal or Modification of Restrictions) Act No. 94 of 1965
  • Constitutional Law
  • Classes of assets 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO ORGANISING 
    The learner is able to organize and manage self and activities responsibly and effectively, when conducting all specific outcomes listed above. 

    UNIT STANDARD CCFO COLLECTING 
    The learner is able to collect, analyse, organise and critically evaluate information when determining the validity of the will, when determining the terms and conditions of any trusts created in terms of the Will, when determining the terms and conditions of any limited interests created in terms of the Will and when determining the terms and conditions of the estate. 

    UNIT STANDARD CCFO COMMUNICATING 
    The learner is able to communicate effectively using visual, mathematical and / or language skills in the modes of oral and / or written persuasion determining any special directions wishes expressed by the testator. 

    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 
    Supplementary information

    The legal provisions of:
  • The Wills Act No. 7 of 1953.
  • The Intestate Succession Act No. 81 of 1987.
  • The Subdivision of Agricultural Land Act No.70 of 1970.
  • The Subdivision of Mineral Rights Act No. 10 of 1975.
  • The Immovable Property (Removal or Modification of Restrictions) Act No. 94 of 1965.
  • Income Tax Act
  • Capital Gains Tax Act
  • Estate Duty Act No. 45 of 1955.
  • Administration of Estates Act No. 66 of 1965.
  • Bill of Rights
  • Law of Contracts 

  • QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Elective  61589   National Certificate: Banking  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2021-06-30  As per Learning Programmes recorded against this Qual 


    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. Absa Learning & Development 
    2. African Bank Ltd 
    3. Chartall Business College 
    4. Plumb Line Risk Alignment 
    5. The Facilitation Workshop 
    6. The Institute of Literacy Advancement 



    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.