A few important points that are overlooked too easily, regarding the time frames for the payment of death benefits in case of each of the 5 different scenarios envisaged in section 37C:

1. There are dependants but no nominated beneficiary:
   The benefits can be paid to the identified dependants within 12 months from the date of death, provided the trustees are sure to have identified all dependants. Else, the benefit must be paid to the dependants as soon as the trustees have identified all dependants and it can take longer than twelve months.
2. There are no dependants but nominated beneficiaries:
   Payment to the beneficiaries may only be made upon the expiry of the 12 months.
3. There are both dependants and nominated beneficiaries:
   The benefits can be paid within 12 months from the date of death provided the trustees are sure to have identified all dependants. Else, the benefit must be paid to the dependants and nominees as soon as the trustees have identified all dependants and it can take longer than twelve months.
4. There are neither dependants nor nominated beneficiaries:
   The relevant subsection of section 37C does not set out a time frame and it is argued that the benefit can only be paid to the estate of the deceased after expiry of the 12 months from date of death, affording trustees and dependants enough time to trace dependants or still claim dependency, respectively.
5. There are no dependants and the deceased nominated a beneficiary only for a portion of the benefit:
   Payment to the estate and the nominee will become due and enforceable on the expiry of the 12 months form date of death.
   

Important notice and disclaimer
This article summarises the understanding, observation and notes of the author and lays no claim on accuracy, correctness or completeness. RFS Namibia (Pty) Ltd does not accept any liability for the content of this contribution and no decision should be taken on the basis of the information contained herein before having confirmed the detail with the relevant party. Any views expressed herein are those of the author and not necessarily those of RFS.