Rehabilitation
The Rehabilitation Process can be explained as follows:
10 years after the date that your estate has been sequestrated, a person is automatically rehabilitated.
If you want to be rehabilitated before the 10 year period, an application can be brought to court whereby we apply for your rehabilitation. In this case permission must be obtained from the Trustees where they confirm that your estate can be rehabilitated and he/she will confirm if there is any contribution outstanding or not.
If no Trustees has been appointed to your estate, you will be able to rehabilitate under Act 124(3) of the Insolvency Act, within 6 months after the sequestration order has been granted, provided that no claims has been made against your estate by creditors.
After consent has been obtained, there are administration processes that must be followed, for example the placing of advertisements etcetera.
Hereafter the court can be approached by means of an application for Rehabilitation. A person will be fit for the rehabilitation after 6 months from the date that he/she has been sequestrated permitted that if there have been no claims against the estate. In this case the Master must consent to the Rehabilitation process.
If there are claims against the estate, a person will be able to apply for Rehabilitation 12 months after the Master confirmed the estate account. (Liquidation- and Distribution Account). The Master must confirm this account and consent before we can commence with the Rehabilitation process, if it has not already been 4 years from the date that you have been sequestrated. Usually when there has been vehicles and/or a property, claims is proved against the estate.
We trust that the above gives you more clarity about the process.
