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1. Parties: Identification of all parties to the agreement, including the executor, beneficiaries, and any other relevant stakeholders
2. Background: Context of the deceased's estate, reference to the will (if any), and circumstances leading to the settlement agreement
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Estate Assets and Liabilities: Comprehensive overview of the deceased's estate, including all assets and outstanding liabilities
5. Settlement Terms: Detailed terms of the settlement, including asset distribution, payment arrangements, and timeline
6. Tax Provisions: Arrangements regarding estate duty, capital gains tax, and other applicable taxes
7. Release and Discharge: Mutual releases and discharge of claims against the estate and between parties
8. Implementation: Practical steps and timeline for implementing the settlement
9. Costs: Allocation of legal costs, administrative expenses, and other fees
10. Dispute Resolution: Procedures for resolving any future disputes related to the agreement
11. Governing Law: Confirmation of South African law as governing law and jurisdiction
12. General Provisions: Standard clauses including entire agreement, amendments, and severability
1. Foreign Assets: Required when the estate includes assets in other jurisdictions
2. Business Interests: Needed when the deceased held business interests requiring special treatment
3. Trust Provisions: Required when the settlement involves creation or modification of trusts
4. Minor Beneficiaries: Special provisions for beneficiaries under legal age
5. Maintenance Provisions: Specific arrangements for maintenance of surviving spouse or dependents
6. Intellectual Property: Required when the estate includes patents, copyrights, or other IP
7. Agricultural Property: Special provisions for farming operations or agricultural land
8. Environmental Obligations: Required when estate includes property with environmental liabilities
1. Schedule A - Asset Inventory: Detailed listing of all estate assets with valuations
2. Schedule B - Liability Schedule: Comprehensive list of estate debts and liabilities
3. Schedule C - Distribution Plan: Detailed breakdown of how assets will be distributed
4. Schedule D - Tax Calculations: Detailed calculations of estate duty and other applicable taxes
5. Appendix 1 - Death Certificate: Certified copy of the deceased's death certificate
6. Appendix 2 - Will: Copy of the last valid will and testament (if applicable)
7. Appendix 3 - Letters of Executorship: Copy of Letters of Executorship issued by the Master
8. Appendix 4 - Valuation Reports: Professional valuations of significant assets
9. Appendix 5 - Master's Approval: Required approval from the Master of the High Court
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