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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Apply the supervision role of the executor's administration of a deceased estate 
SAQA US ID UNIT STANDARD TITLE
365219  Apply the supervision role of the executor's administration of a deceased estate 
ORIGINATOR
Task Team - Justice Legal 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 5  NQF Level 05 
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 aimed at Assistant Masters and Examiners attached to the Office of the Master of the High Court who supervise the work of executors in deceased estates.

Learners credited with this unit standard will be able to execute their regulatory functions in a lawful, open and accountable manner. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
It is assumed that the learner has the following knowledge and skills:
  • The general principles of the law relating to persons, the family (especially maintenance and marriage property arrangements), succession, things and contract.
  • Mathematics at NQF Level 3.
  • Communication at NQF Level 4.

    Learners should ideally have been successfully assessed against the unit standard authorising a person to act in deceased estates. 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain the role of the Master as regulator of the administration of a deceased estate. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The need for regulation in the administration process of a deceased estate is explained. 

    ASSESSMENT CRITERION 2 
    The tools available to the Master in regulating the administration process of a deceased estate are explained. 

    ASSESSMENT CRITERION 3 
    The need for the Master to comply with the requirements of administrative justice is explained. 
    ASSESSMENT CRITERION RANGE 
    Administrative justice includes the need to have statutory authority for decisions, the need to follow fair procedures when making decisions, the need to exercise a discretionary power rationally and reasonably and the need to give reasons for decisions.
     

    SPECIFIC OUTCOME 2 
    Apply the Masters' power to regulate the administration of deceased estates to a set of facts. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    An application for an endorsement of a power of attorney to transfer fixed property is decided in a manner that complies with the statutory standard. 

    ASSESSMENT CRITERION 2 
    An application to approve the manner and conditions of the sale of estate assets is decided in a manner that complies with the statutory standard. 

    ASSESSMENT CRITERION 3 
    An application to confirm the purchasing of estate assets by the executor or a person connected to the executor is decided in a manner that complies with the statutory standard. 

    ASSESSMENT CRITERION 4 
    An application by the surviving spouse to take over the estate assets at valuation is decided in a manner that complies with the statutory standard. 

    ASSESSMENT CRITERION 5 
    An objection to the executor's liquidation and distribution account is decided in a manner that complies with the statutory standard. 

    ASSESSMENT CRITERION 6 
    An objection to the sale of estate assets in a deceased insolvent estate is decided in a manner that complies with the statutory standard. 

    ASSESSMENT CRITERION 7 
    The Master's duties regarding disputed claims are executed in a manner that complies with the statutory standard. 

    ASSESSMENT CRITERION 8 
    An application to dispense with the need to open an estate bank account is decided in a manner that complies with the statutory standard. 

    ASSESSMENT CRITERION 9 
    An application for a special fee for the executor is decided in a manner that complies with the statutory standard. 

    ASSESSMENT CRITERION 10 
    An application for an extension to lodge a liquidation and distribution account is decided in a manner that complies with the statutory standard. 

    SPECIFIC OUTCOME 3 
    Decide on an appropriate remedy when an executor does not fulfil his or her duties. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The need to reduce or disallow the fee of the executor is identified and the fee is reduced to an appropriate level or is disallowed when appropriate. 

    ASSESSMENT CRITERION 2 
    The need to remove the executor is identified and the executor is removed in a manner that complies with the relevant statutes when appropriate. 

    ASSESSMENT CRITERION 3 
    The security of the executor is called up in a manner that complies with the contract between the Master and the relevant insurance company when appropriate. 


    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 at its discretion. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • Chapter 1 and chapter 2 of the Administration of Estates Act 66 of 1965, as amended.
  • Regulations in terms of section 103 of the Administration of Estates Act 1965 as amended (R473 Gazette 3425 dated 24 March 1972) in the latest amended form when assessment of the learner takes place.
  • The Wills Act 7 of 1953, as amended.
  • The Intestate Succession Act 81 of 1987, as amended.
  • The Matrimonial Property Act 88 of 1984, as amended.
  • The Maintenance of the Surviving Spouses Act 27 of 1990, as amended.
  • The Promotion of Administrative Justice Act 3 of 2000 as amended.
  • Regulations on Fair Administrative Procedures (R1022 Gazette 7425 dated 31 July 2002) in the latest amended form when assessment of the learner takes place. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identifying and solving problems in which responses display that responsible decisions using critical and creative thinking have been made when:
  • An application for an endorsement of a power of attorney to transfer fixed property has been decided.
  • An application to approve the manner and conditions of the sale of estate assets has been decided.
  • An application to confirm the purchasing of estate assets by the executor or a person connected to the executor has been decided.
  • An application by the surviving spouse to take over the estate assets at valuation has been decided.
  • An objection to the executor's liquidation and distribution account has been decided.
  • An objection to the sale of estate assets in a deceased insolvent estate has been decided.
  • An application to dispense with the need to open an estate bank account has been decided.
  • An application for a special fee for the executor has been decided.
  • An application for an extension to lodge a liquidation and distribution account has been decided. 

  • UNIT STANDARD CCFO WORKING 
    Working effectively with others as a member of a team, group, organisation, and community during:
  • The Master's discretionary powers (see the bullets under item 1 above) have been exercised in a manner that involved stakeholders in the decision making process. 

  • UNIT STANDARD CCFO COLLECTING 
    Collecting, analysing, organising and critically evaluating information to better understand and explain:
  • The Master's discretionary powers (see the bullets under item 1 above) have been exercised after the matter has been investigated and the relevant facts have been collected. 

  • UNIT STANDARD CCFO COMMUNICATING 
    Communicating effectively using visual, mathematical and/or language skills in the modes of oral and/or written persuasion when:
  • The relevant letters and reports necessary to exercise the Master's powers have been generated and sent. 

  • UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrating an understanding of the world as a set of related systems by recognising that problem-solving contexts do not exist in isolation when:
  • All stakeholders were consulted during the decision making process. 

  • 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
    Elective  50265   National Certificate: Family Law Practice  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2023-06-30  SAS SETA 
    Elective  97228   National Certificate: Paralegal Practice  Level 5  NQF Level 05  Reregistered  2023-06-30  As per Learning Programmes recorded against this Qual 
    Elective  49598   National Diploma: Paralegal Practice  Level 5  NQF Level 05  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.
     
    NONE 



    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.