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A Section 35(5) notice is the statutory advertisement required under Section 35(5) of the Administration of Estates Act 66 of 1965. It informs creditors, heirs and other interested parties that the Liquidation and Distribution Account in a deceased estate is open for inspection. The prescribed form is the J187 and publication must take place in the Government Gazette and in one newspaper circulating in the district where the deceased was ordinarily resident for the twelve months preceding death or a compliant online newspaper, like Nuusflits.
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What is a Section 35(5) notice
The Section 35(5) notice advertises that the Liquidation and Distribution Account has been lodged with the Master of the High Court and is open for inspection at the Master’s Office and the relevant Magistrate’s Court. Interested parties have a defined period in which to lodge objections.
Where must a Section 35(5) notice be published
Publication is required in two places: the Government Gazette and one newspaper circulating in the district where the deceased was ordinarily resident for the twelve months before death or a compliant online newspaper like Nuusflits.
Inspection period and objection window
The Liquidation and Distribution Account must lie open for inspection for not less than 21 days. The Section 35(5) notice must specify the inspection period, the office where the account can be viewed and the period within which objections may be lodged with the Master.
Information required on a J187 notice
The notice must contain the full names of the deceased, identity number, date of death, the estate number issued by the Master, the executor’s name and address, the offices where the account is open for inspection and the inspection period. The exact statutory wording of the J187 form must be used. Paraphrasing is not accepted.
For the full statutory framework, see the Administration of Estates Act 66 of 1965 on the Department of Justice website.
How to publish a Section 35(5) notice through Legal Notice Publishing
Legal Notice Publishing handles Government Gazette submission, newspaper placement in Nuusflits where district coverage qualifies and proof of publication for the Master’s file. Executors receive a single invoice, a single point of contact and a confirmed publication date.
Legal Notice Publishing handles the full process for you. Contact jana@legalnotice.co.za or click here.
