As reported in the FISA Focus Weekly of 22 July 2022, the Western Cape High Court recently ruled that Regulation 910, the regulation determining who may administer deceased estates, is still in force. The previous acting Chief Master apparently held the view that the regulation did not survive the repeal of the Attorneys Act, 1979, by the Legal Practice Act, 2014.
Due to the fact that this matter may influence the operations of FISA members who are not exempted from the rule that only attorneys may administer deceased estates as provided for in the regulation, as well as the operations of FISA members who are exempted, the FISA Council decided at its meeting on 3 August 2022 to appoint a task team to look into the matter. The task team will look at the legal questions surrounding the matter and advise Council on the way forward.
Dr Eben Nel and Ms Angélique Visser, both nationally elected councillors, and the FISA CEO, Mr Louis van Vuren, have been appointed to the task team.
Members who would like to make submissions to the task team are requested to email such submissions to louis@fisa.net.za.