Terms of Service
1. In terms of Service, Deceased Estates Administration Pty Ltd, will execute on all legal and administrative tasks related to the obtaining of the Letter of Executorship, the submission of the Liquidation and Distribution Account, all advertising and lodgements/inspection requirements. The Executor is responsible for the administrative tasks of an Executor, namely opening of the Estate Bank account, and administration of the assets in terms of the Master’s directions, supported by advice and guidance from ourselves. Where directed by yourself in respect of specific tasks, we may, where agreed, execute on those defined tasks under a power of attorney granted by yourself as the Executor.
2. The website has sufficient information and examples for the administration of an Estate, as well as guidance for Executors to administer the assets of the Estate. In support of this, should you have any questions or be uncertain about any aspects, we will provide the relevant guidance to ensure you have all the information required to complete your Executorship. No advice or information given by fax, email, telephone, or any other means obtained from us, shall create any warranty on our part.
3. The website is provided as is, and you agree that, save for gross negligence or wilful misconduct, you completely indemnify Deceased Estates Administration of any loss that you might incur as a result of using the website and/or our services. The Website is owned by Deceased Estates Administration, and you are granted a limited license to access and to use (display or print) short extracts of the Information for your own personal non-commercial use only, provided the Information is not modified, and you shall be fully responsible for any consequences resulting from such use. Any other use of the Information is prohibited. None of the Information may be otherwise reproduced, republished, re-disseminated, downloaded (other than page caching), modified in any manner or form without the express prior written consent of the Deceased Estates Administration. Any unauthorized use terminates the permission or license granted in terms hereof.
4. While every effort is made to ensure that all information provided at the site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
5. The Executive service cost includes all costs for advertising and lodgement. Any taxes (Masters Fees, Income Tax, Estate Duty etc.) are for the Estate account.
6. The fee schedule for additional services outside the scope of the Executive service:
a. For Legal or technical advice outside of the administrative requirements of a standard Estate: R 850 per hour, or a pre-agreed fee per task.
b. For administrative tasks: R 850 per hour, or a pre-agreed fee per task (e.g. completing personal tax returns, etc.).
c. Provision of ad-hoc legal support documentation if and as required by the Master: R 850/h.
7. Please note we cannot be held liable for any loss, damage, costs or expenses which may arise or be incurred as a result of information supplied by, misrepresentations, fraudulent acts or wilful default by any other parties or yourself in relation to the Estate. As Executor of the Estate, you therefore, by settlement of the accompanying invoice, indemnify Deceased Estates Administration against any and all losses, damages, costs or expenses in this regard.
8. The law of the Republic of South Africa shall govern as to the interpretation, validity and effect of this agreement, notwithstanding any conflict of law provisions or your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa in any action or proceeding instituted under or related to this agreement.
9.
9.1 DEA undertakes to process the personal information of the customer only in accordance with
the conditions of lawful processing as set out in terms of POPIA and in terms of the DEA’s POPI Policy and only to the extent that it is necessary to discharge its obligations and to perform its functions.
9.2 DEA further ensures personnel receiving or exposed to PI of persons related to a deceased estate hereby agree to be bound by appropriate and legally binding confidentiality and non-usage obligations in relation to the PI of said persons.
9.3 The client acknowledges that the collection of his/her PI is both necessary and requisite as a legal obligation, which falls within the scope of execution of the legal functions and obligations of the DEA. The customer therefore irreversibly and unconditionally agrees:
• That he/she is notified of the purpose and reason for the collection, processing and further processing of his or her PI or company details.
• That he/she consents and authorises the DEA to undertake the collection, processing and further processing of all PI related to the deceased estate by the DEA, for the purposes of executing upon a deceased estate as instructed by said client.
• To make available to the DEA all necessary PI required for the purpose of executing on the deceased estate.
• That, where you provide us with another person’s PI for processing, you confirm and warrant that you have obtained the required permission from such person (s) to provide DEA with their Pl for processing and indemnify and hold DEA harmless against any liability or loss which may be incurred by DEA or other employees of DEA as a result of any breach of such warranty.