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Letter of Authority
I need a Letter of Authority to authorize my accountant to handle my tax affairs with the South African Revenue Service (SARS) on my behalf, including filing returns and responding to queries, valid for the current tax year.
What is a Letter of Authority?
A Letter of Authority is an official document issued by the Master of the High Court in South Africa that proves someone's legal right to handle a deceased person's estate. It gives the appointed executor or representative the power to access bank accounts, transfer assets, and manage property on behalf of the estate.
Getting this letter is a crucial first step in administering any estate under South African law. Banks, property offices, and other institutions won't release assets or accept instructions without seeing a valid Letter of Authority. For smaller estates worth less than R250,000, the Master issues a simpler version called a Master's Representative appointment.
When should you use a Letter of Authority?
You need a Letter of Authority any time you're dealing with a deceased person's assets or estate in South Africa. This legal document becomes essential when handling tasks like closing bank accounts, transferring property, claiming life insurance, or accessing investment accounts belonging to the deceased.
The timing is crucial - apply for the Letter of Authority as soon as possible after registering the death at Home Affairs. Without it, you can't legally act on behalf of the estate. Many executors get stuck waiting weeks to access accounts or transfer assets because they delayed getting this document. For estates under R250,000, request the simplified Master's Representative appointment instead.
What are the different types of Letter of Authority?
- Power Of Authority Letter: The standard form issued by the Master of the High Court for managing deceased estates over R250,000
- Authorisation Letter To Act On Behalf: A simplified version for estates under R250,000, known as Master's Representative appointment
- Bank Authorization Letter: Specific variant required by banks to access and manage deceased's accounts
- Authorised Signatory Letter: Used when multiple executors are appointed to jointly manage the estate
- Authorization Letter For Proxy: Allows an executor to delegate specific estate administration tasks to another person
Who should typically use a Letter of Authority?
- Master of the High Court: Issues the Letter of Authority and oversees the estate administration process
- Executors: Named individuals who receive authority to manage the deceased's assets and settle the estate
- Banks and Financial Institutions: Require the letter before allowing access to the deceased's accounts or investments
- Property Registrars: Need this document to process property transfers from the deceased's estate
- Family Members: Often appointed as executors or beneficiaries who rely on the letter to claim their inheritance
- Legal Representatives: Help executors obtain the letter and guide them through estate administration
How do you write a Letter of Authority?
- Death Certificate: Obtain an official death certificate from Home Affairs first
- Estate Details: Gather all information about assets, including bank accounts, properties, and investments
- Will Check: Locate the deceased's will, if any exists, to confirm executor appointments
- Asset Valuation: Calculate the total estate value to determine if you need a full Letter of Authority or simplified appointment
- Master's Office Forms: Complete forms J238 (Death Notice) and J190 (Estate Reporting)
- Supporting Documents: Collect ID copies of the deceased and nominated executors
- Application Process: Submit all documents to your local Master's Office for review and issuance
What should be included in a Letter of Authority?
- Master's Office Details: Official letterhead and reference number from the issuing Master's Office
- Deceased's Information: Full names, ID number, and date of death of the deceased person
- Estate Reference: Unique estate number assigned by the Master's Office
- Executor Details: Full names and ID numbers of appointed executor(s)
- Scope of Authority: Clear description of powers granted to handle estate assets
- Estate Value: Total estimated value of the estate being administered
- Official Validation: Master's signature, official stamp, and date of issue
- Security Bond: Details of any security required for estates over R250,000
What's the difference between a Letter of Authority and an Estate Letter?
A Letter of Authority and a Estate Letter serve different purposes in handling deceased estates. While both relate to estate administration, their legal weight and application differ significantly.
- Legal Authority: A Letter of Authority is an official court document that legally empowers executors to act, while an Estate Letter is typically an informal communication about estate matters
- Issuing Body: Only the Master of the High Court can issue Letters of Authority, whereas Estate Letters can be written by executors, lawyers, or family members
- Legal Power: Banks and institutions must accept a Letter of Authority as proof of executor rights, but may reject Estate Letters
- Timeline: Letters of Authority are required at the start of estate administration, while Estate Letters are used throughout the process for various communications
- Duration: A Letter of Authority remains valid until estate closure, whereas Estate Letters serve immediate, specific purposes
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