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Estate Specialists

1 month ago

Centurion, South Africa Momentum Metropolitan Holdings Full time

-Introduction

Through our client-facing brands Metropolitan and Momentum, with Multiply (wellness and rewards programme), and our other specialist brands, including Guardrisk and Eris Property Group, the group enables business and people from all walks of life to achieve their financial goals and life aspirations.
Role Purpose
Requirements
- At least 3 years upwards of continuous work in the role
- FISA Member
- Appropriate Qualifications (not necessarily Legally qualifies -; it as much accounting as legal).
- Various Diplomas in Estate and Trust administration are offered in the market.
- Tax knowledge is a critical element.
- Bachelor's degree with additional Diplomas specific to Estate and Trust administration, can be advantageous
Duties & Responsibilities
- To meet with heirs/planners and any interested party (Accountants, Attorneys, Shareholders, Financial institution's/the Master of the High Court/ SARS etc.) to discuss and resolve any issue that may arise from putting a Business into Business Rescue or Liquidation, to obtaining Business valuations and Financials for SARS Estate duty purposes, to simply communicating the estate process to the heirs and explain, on an ongoing basis the role of the Executor (see attached Asset Framework and Estate administration process.)
- The Intestate Succession Act
- The Matrimonial property Act
- The Wills Act
- Estate duty Act
- Firearm control Act
- FICA,FAIS,POPI ETC
- The SARS taxation framework (Business, personal Tax, Estate duty, CGT etc)
- Generally accepted accounting standards for Business Financials
- Exchange control implications for heirs not resident in SA.
- The Administration of Estates Act 66 of 1965 as amended and the Insolvency provisions as they relate to the administration of insolvent deceased estates.

**The work you need to deliver**
- Meet with / communicate with client in need to discuss matter after the matter has been take on via the takeon team.
- If necessary, to prepare all the documentation required to obtain Letters of Executorship in all estate including Section 18(3) matters irrespective of whether there is a Will or no will.
- Take charge of all assets and documents of title being the property of the estate.
- To review the matter and put in place solutions to resolve complexities that may have arisen due to inadequacies in the will or if it is not executable in the way expected due to the nature of assets / liabilities or marital regime etc.
- To transfer or otherwise sell or dispose of by public auction, private treaty or tender any goods, effects, movables or immovable in the estate and ensure all documents for transfer of any property or registration or cession or cancellation of any bond to be effected in the Deeds Registry are signed by the Executor;
- Pay or satisfy all claims and demands and do all such acts as may be necessary concerning such claims or demands.
- Prepare the First and Final (or variations on this) Liquidation and Distribution account for lodgment and approval by the High Court, in the specified manner.
- Prepare the ongoing cash statements and cash reconciliation statements up to distribution.
- Ensure all Tax is complied with and Tax clearance received.
- Ensure all assets are transferred to heirs and all cash and investments transferred or distributed as per the High Court approved Estate account. This includes those assets/ liabilities where the situs of the asset is a non-South African jurisdiction i.e. Jersey, Guernsey, Isle of Man, Ireland USA, Mauritius, Namibia, Europe, USA etc.
- Ensure ongoing and timeous communication with the heirs and planner that introduced the matter and ongoing compliance with timeframes associated with the specific matter at hand.
- Ensure that once the estate is distributed and Tax clearance received that a Filing notice is applied for at the Masters Office and thereafter place the file in old records (the electronic and paper based version to be stored) within the specified time frames.
Competencies
- The Ability to disassociate factual death from the process that needs to unfold and get resolved.
- The Ability to be supportive but ensure due legal and accounting process is applied.
- Ability to solve for complex financial legal and accounting outcomes in a constructive inclusive and positive manner.
- Internal drive and determination to see the matters through to finality over extended periods of time, and to meet the process timeframes.
- Problem solving (creating integrated solutions between Legal/accounting/the Will/and in need distribution agreements).
- Process mindset.
- A good understanding of the Asset Framework and which of the 4 categories are directly driven by the Executor vs the other 3 that impact on the estate at various levels from cash flow to estate duty but over which the Executor has no authority.
- Financial and general accounting/ math's knowledge.
- IT dependencies (Execl, Word, Estate accounting system).
- Ability to work Independently.

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