Last week, the Department of Justice and Constitutional Development released a landmark Chief Master’s Directive (‘the Directive’) regulating the placement of online estate advertisements. In a move that recognises the growth of digital platforms and the decline of traditional print media, the Office of the Chief Master now permits the online publication of prescribed deceased or insolvent estate advertisements where printed publication is not feasible, subject to certain provisos.
Effective 13th February 2025, the Directive provides clarity to stakeholders who have raised concerns regarding the declining availability of traditional printed newspapers. Crucially, it provides certainty as to the interpretive scope of legislation, which does not expressly specify the format in which mandatory estate advertisements must appear.
Dispensing with the requirement that estate adverts must appear in a printed newspaper and printed copy of the Government Gazette in instances where this is not feasible, the Directive establishes the following conditions for the placement of online advertisements:
- In the case of a deceased estate, the advert must circulate in the district in which the deceased resided 12 months prior to passing; or
- In the case of an insolvent estate/liquidation, the advert must circulate in the district where the individual resided or principal place of business is located, whichever is applicable; and
- If prescribed by the relevant statute, the advert must appear in both English and Afrikaans; and
- The public notices can be freely viewed online by interested persons.
Read with the Chief Master’s Directive 1 of 2020, which allows the placement of advertisements in regional newspapers, the Directive acknowledges the need for the law to adapt to accommodate changing circumstances. Ultimately, this digital shift enhances accessibility and convenience and is likely to be welcomed by attorneys, administrators, and other key role-players.
At STBB, our estate law specialists have the skills and expertise to tackle any estate-related matter.
For an explainer on the critical importance of making a will to secure your legacy and ensure the seamless administration of your estate, read our article. For a deeper analysis of the legal intricacies, watch the re-run of our webinar conducted by Director and respected estate planning specialist, Refqah Ho-Yee.
For further information or sound legal assistance, contact estates@stbb.co.za.