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Proof of executorship

By DV Diedericks on Mon, 09 Jul 2018 at 13:19

Good morning team, I am the secretary of a sectional title where one of the body corporate members died in November. We have informed her grandson and daughter, who resided with her, that we need a proof of executorship, via the Master of the High Court, appointing them as Trusttee of the Estate, before they can be allowed to attend meetings; receive statements and vote. They say that its not necessary and that they also do not need to pay levies. Where does the Act speak of proof of Exectutorship and what do we now do if they refuse to pay levies? Thank you,

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RE: Proof of executorship

Murray Bennett replied on Mon, 09 Jul 2018 at 23:06

This Paddocks article should help:
https://www.paddocks.co.za/paddocks-press-newsletter/what-happens-when-the-owner-of-a-sectional-title-unit-dies/

Note: This paragraph is outdated"The Sectional Titles Act, in section 37(2A), states that the persons who own the units in the scheme at the time when the trustees take the resolution raising a special levy are responsible for paying that special levy. And unlike the case of the ordinary levy, that responsibility remains with those persons, even though some might sell and transfer their units while the special levy is running"refer to the new legistlation.

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