License application from an Estate:

B3 · 01-09-2009, 08:15

I need to know what documentation in addition to the ID and License copy, I need from the executor of the estate from which I am buying a firearm - for submission with the SAPS271 and motivation documentation. I have requested a formal affidavit doc of the "sale" transaction to proof it is now my property as part of the motivation documentation.

Also, should there be a new "30 June" date determined in the near future, how would this effect the storage of this weapon? My view is that the executor will remain in legal possesion of this firearm even if the 1969 law is nullified by the new date and will keep it in storage until my application is sorted. Any different legal opinion? whp

B3

**parthyc** · 01-09-2009, 08:58

Hi B3
You will also need a copy of executorship letter to prove the person selling is lawfully entitled to do so. Also a letter from executor to state that this firearm is NOT bequeted to anyone as part of estate or inheritance.
Firearm will be kept in estate until new licence is granted.

B3 · 01-09-2009, 10:08

Tks for the reply!

RE: the "letter from executor to state that this firearm is NOT bequeted to anyone as part of estate or inheritance" part, the firearm was bequeted to on of the sons but he has agreed selling it with the executor (his brother). Thus, do I need a "sale" doc with the executor or the brother who actually was meant to inherit the firearm?

B3

**92FS** · 02-09-2009, 01:19

Originally Posted by B3

RE: the "letter from executor to state that this firearm is NOT bequeathed to anyone as part of estate or inheritance" part, the firearm was bequeathed to on of the sons but he has agreed selling it with the executor (his brother). Thus, do I need a "sale" doc with the executor or the brother who actually was meant to inherit the firearm?

B3

You will need letters from both, as well as a copy of the executor's certificate as issued by the Master of the Court. The whole shebang must then still be countersigned by a Commissioner of Oath. All photocopies must be certified as well. This should cover you as "step one".

Going through the same process x2 at present.

**deonh** · 02-09-2009, 14:53

Originally Posted by parthyc

Also a letter from executor to state that this firearm is NOT bequeted to anyone as part of estate or inheritance.

This requirement sounds like something cooked-up by some clever-clogs DFO (i.e. it is "his" personal interpretation of what the requirements are).

The mere fact that the executor signs the transfer papers legally implies that:

1. He has the authority to do so;
2. That he is acting in terms of the specifications of the will (i.e. not selling something that is earmarked as an inheritance/bequest to some other party).

As with most things CFR / FCA related... YMMV. But if your DFO says that this letter is required, rather just get it.