Scheffler Actuarial

01/01/2022

28/07/2020

02/06/2020

Surviving Spouses have the right to claim from their deceased spouse's estate. This article offers good insight into this topic.

A surviving spouse has the right, in terms of the Maintenance of Surviving Spouses Act, to claim maintenance from the deceased estate of the first-dying spouse if the surviving spouse is unable to provide for his or her own maintenance from their own resources

08/05/2020

https://www.moneyweb.co.za/in-depth/fisa/your-maintenance-obligations-dont-die-with-you/

Failure to make arrangements may lead to disputes over your estate.

08/05/2020

SPECIALIST ADVICE YOU CAN COUNT ON
We are an independent actuarial firm. Our firm has been delivering expert advice and actuarial reports to enable estates to settle maintenance obligations. Unlike other actuarial firms our focus has always been specifically on claims against estates – we are the leading experts in this field in South Africa.

We have been supplying practical solutions for over 35 years to executors, attorneys and spouses who have had to settle or claim maintenance from estates.

These calculations are a practical science. In South Africa claims for minors are not regulated by law, but is rather based on common law principles.

The Maintenance of Surviving Spouses Act 27 of 1990, regulates claims for surviving spouses, but the Act is low on guidance and detail as to how these claims are to be calculated. Hence professional judgement is paramount in these calculations.

Our experience in this field of providing guidance to more than a thousand deceased estates makes us the premier specialists in South Africa in this field. We are in the ideal position to calculate and motivate a fair claim.

Our reports are highly regarded by the major players in the industry, including many of the masters of the high courts in South Africa.

Our clients represent a broad range of the professional executors and attorneys in South Africa, as well as individual clients who require assistance in formulating their claims.

We believe our success is about so much more than simply helping providing actuarial advice and reports. It’s about building genuine relationships, based on trust and personal support.

08/05/2020

WHO CAN CLAIM FOR MAINTENANCE AGAINST AN ESTATE
Any party that deceased had a legal duty to financially support prior to his/her death can make a claim.

THERE ARE TWO MAIN TYPES OF CLAIMS:

WHERE NO MAINTENANCE WAS PAID PRIOR TO THE DECEASED'S DEATH.
Surviving Spouses and Minors in the care of the deceased prior to his/her death can make such a claim. In these cases the deceased was not liable to pay and also not paying maintenance prior to his/her death. Therefore no maintenance amount is predetermined from which to calculate a claim.

Background
WHERE MAINTENANCE WAS PAID PRIOR TO THE DECEASED'S DEATH.
When the deceased was paying maintenance or was liable to pay maintenance to another party a claim can be made against the deceased's estate. This typically occurs when the deceased was paying (or were liable to pay) maintenance towards a divorced spouse or children. In this case a maintenance amount is available to base the calculation of the claim on.

We have forms available to give guidance as to what information is required to calculate a claim against an estate.