What we ask you for, and when. The list looks long; in practice most clients have most of it, and we collect it in stages so you are never asked for everything at once.
If you don’t have a document, that is usually solvable. We can request copies from the Master’s office or your trustee on your behalf.
Stage 1 — Initial enquiry
No documents required. Just answer the four-question qualifier on our contact page. We respond within one business day.
Stage 2 — Helpful uploads (optional)
If you happen to have any of the following documents, attaching them when you complete our detailed history form helps us scope your matter accurately. None are required at this stage.
- Sequestration order or voluntary surrender order
- Trustee’s (curator’s) certificate of appointment
- First and final liquidation & distribution (L&D) account
- Identity document
- Any trustee correspondence
Stage 3 — On formal mandate (FICA)
Once you accept our quote and we sign the engagement letter, we comply with the Financial Intelligence Centre Act 38 of 2001 before doing substantive work. We need:
- Certified copy of your identity document (not older than three months)
- Proof of residential address (utility bill, bank statement, or lease — not older than three months)
- Proof of source of funds for the fee (typically a recent payslip or bank statement)
- If married in community, the same for your spouse
- Marriage certificate (if married in community of property)
- Antenuptial contract (if married out of community)
- Power of attorney — we supply a template you sign
Stage 4 — Founding affidavit annexures
The court application is built around four core annexures. Each is referred to in the founding affidavit by an annexure label.
| Annexure | Document | Purpose |
|---|---|---|
| J1 | Identity document (certified copy) | Proves identity of the applicant |
| J2 | Trustee’s certificate of appointment | Identifies the trustee, the Master’s reference, and the date of appointment |
| J3 | Sequestration / voluntary surrender order | Establishes jurisdiction and the date from which the waiting period runs |
| J4 | First and final L&D account (with confirmation) | Demonstrates that the estate has been properly administered |
Where any of J1–J4 is not in your possession, we obtain it from the Master’s office or the trustee on your behalf. There is usually a small disbursement for copies and certifications.
Stage 5 — Supporting & pre-filing documents
Beyond the core J1–J4, the affidavit may need supporting evidence depending on your matter:
- Article 81 report (where the trustee produced one)
- Statement of assets and liabilities at the time of sequestration
- List of creditors at the time of sequestration, with amounts
- Schedule of claims actually proved against the estate
- Recent payslips or proof of current income
- Confirmatory affidavits from spouse, employer, or accountant — where their version supports the application
- Government Gazette notice — we place this at least six weeks before the hearing (counts as a disbursement, not a document you supply)
- Security — we lodge with the Registrar at least three weeks before the hearing
If you can’t find a document
This is common. Sequestrations from years ago often left clients without copies of their own paperwork. We can:
- Request copies from the Master’s office (Pretoria, Johannesburg, or wherever your matter sits)
- Request the trustee’s file
- Search the court archives for the sequestration order and case file
- Obtain certified copies of identity documents through Home Affairs or a notary
Each of these takes time and a small disbursement, but none is a barrier to bringing the application.
Confidentiality
Documents you give us are handled in accordance with attorney-client privilege and POPIA. Uploads through our forms are encrypted in transit. Internal access is restricted to the matter team. We do not share your documents with anyone outside the legal process (Master, trustee, court) without your authorisation.