PROJECT: FRAUD, DEATH AND THE LAW

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How Criminal and Civil Claims Proceed After the Accused Dies

When someone accused of fraud passes away before the case concludes in court, as in the recent case of

Mr. Jasper de Lange, South African law mandates that criminal charges be dropped.

Read the relevant SSS projects for more context:

Death extinguishes personal criminal liability, and no conviction is recorded.

This does not necessarily mean that justice ends there.

Victims may still file civil claims against the deceased’s estate to recover lost funds, provided they have supporting evidence. While legal closure may be elusive in such situations, the broader investigative effort continues.

It remains a priority to identify accomplices, prevent further scams, and recover assets.

Specialised Security Services is committed to education, exposure, and support for victims. We also extend our condolences to families affected by such high-profile investigations, recognising the emotional toll on all sides.

When a person accused of fraud dies before sentencing, the legal proceedings typically come to an end.
Here is a breakdown of what happens:
- THE CRIMINAL CASE AUTOMATICALLY ENDS:
  - Death terminates criminal liability.
  - If the accused dies before the trial concludes or before sentencing, the prosecution is unable to continue.
  - The case is withdrawn or struck off the roll because the accused is deceased.
  - No conviction or sentence is recorded posthumously.
- CIVIL CLAIMS MAY STILL PROCEED:
  - If victims of the alleged fraud suffered financial loss, they may pursue civil action against the deceased’s estate to recover losses.
  - The estate may be held liable if there is sufficient evidence and assets.
  - Creditors or claimants must lodge their claims through the executor handling the estate in terms of South Africa's Administration of Estates Act.
- REPUTATIONAL AND INVESTIGATIVE IMPACT:
  - Even though the accused is no longer alive, authorities (or private investigators) may continue to investigate for purposes such as:
    - Tracing and recovering misappropriated funds.
    - Identifying and charging accomplices.
    - Preventing ongoing schemes or copycat scams.
    - Informing the public to promote awareness and prevent future fraud.
- FAMILY AND PUBLIC PERCEPTION:
  - While legal guilt is never formally determined if the case ends before sentencing, public opinion may still reflect suspicion or judgment based on available evidence or media exposure.

In South Africa, victims of fraud can file claims against a deceased person’s estate through the Master of the High Court, following a legal process outlined in the Administration of Estates Act.

HOW VICTIMS CAN FILE CLAIMS AGAINST A DECEASED ESTATE:

THE ESTATE DETAILS:
- Determine where the deceased's estate is being administered.
- This is usually at the Master’s Office in the area where the person lived or died.
- You can contact the Master of the High Court with the person's full name, ID number, and date of death to confirm the estate file number and executor’s details.
PREPARE THE CLAIM:
- You will need to prepare a formal written claim which includes:
  - A detailed description of the debt/fraud (e.g. loan, investment, unpaid service, or fraud).
  - The amount you are claiming.
  - All supporting evidence (contracts, emails, proof of payment, affidavits, police case number, etc.).
  - Your contact details.
SUBMIT THE CLAIM TO THE EXECUTOR:
- Once the estate is under administration, an executor (often a lawyer or family member) is appointed.
- Submit your written claim and evidence directly to the executor before the estate is finalised.
- The executor is legally obliged to include valid claims in the estate’s liabilities before any inheritance is paid out to heirs.
FOLLOW UP AND RESPOND TO DISPUTES:
- If your claim is rejected, you have the right to challenge it.
- You may then take legal action to prove your claim in a civil court.
- If accepted, the executor will include your claim in the Liquidation and Distribution Account, which outlines how the estate’s assets will be used to pay debts.

IMPORTANT DEADLINES:

Claims must usually be submitted within 30 days of the advertisement of the estate (the legal notice that the estate is open for claims).
Look for this notice in the Government Gazette and a local newspaper.

WHERE TO START:

Contact the Master of the High Court in the relevant province: https://www.justice.gov.za/master/m_list.html

Should you require legal assistance or guidance in pursuing a claim, do not hesitate to contact Mr. Mike Bolhuis

and his expert legal team at Specialised Security Services for support and advice.

Specialised Security Services invites the public to the Mike Bolhuis Daily Projects WhatsApp Channel.

This channel is important in delivering insights into the latest crime trends, awareness, warnings and the exposure of criminals.

How to Join the WhatsApp Channel:

1. Make sure you have the latest version of WhatsApp on your device.

2. Click on the link below to join the Mike Bolhuis Daily Projects WhatsApp Channel:

- https://whatsapp.com/channel/0029VarjftF8PgsI4pODE929

3. Follow the prompts to join the channel.

4. Make sure you click on "Follow", then click on the "bell"-icon (🔔)

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Regards,

Mike Bolhuis

Specialist Investigators into

Serious Violent, Serious Economic Crimes & Serious Cybercrimes

PSIRA Reg. 1590364/421949

Mobile: +27 82 447 6116

E-mail: mike@mikebolhuis.co.za

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