Deceased Estates Administration

  When a marriage is dissolved by divorce, sharing or transferring ownership of a home or land can feel overwhelming. If you were married in community of property and a court awards the shared property entirely to one spouse, you do not need to go through a standard, expensive formal property transfer. Instead, South African law provides a streamlined and cost-effective mechanism known as a Section 45bis(1)(a) Endorsement Application .   1.          The Legal Framework: What is Section 45bis(1)(a)? The process is governed strictly by Section 45bis(1)(a) of the Deeds Registries Act 47 of 1937 . This section applies exclusively when a marriage in community of property is dissolved by a divorce order. If the Divorce Order (or an incorporated Settlement Agreement) stipulates that one spouse is entitled to the full ownership of the property, that spouse can apply to the Registrar of Deeds . Instead ...

When planning your estate, you may come across financial institutions, banks, or trust companies offering to draft and store your Last Will and Testament for free. While a free Will is a legitimate service, it is critical to understand the commercial business model behind it, how it affects your estate, and the legal and financial traps tied to these plans.  1.     How the "Free Will" Model Works Institutions can afford to draft Wills for free because of a specific clause hidden in the fine print: The Designated Executor: The institution names itself or its trust company as the sole, irrevocable executor of your estate. Statutory Fees: By South African law (the Administration of Estates Act ), an executor is entitled to charge up to 3.5% + VAT on the gross value of your assets, plus 6% + VAT on any income earned by the estate after death. The Policy Cross-Sell: To prevent these high fees from draining your family’s inheritance, the institution sells you a monthly...

When planning what happens to your estate after you pass away, it is easy to get caught up in who gets the family home, who inherits the vintage watch, and how to take care of the kids. But there is a silent, invisible dealbreaker in South African estate planning that can completely derail your best intentions: estate liquidity . In simple terms, liquidity is the amount of actual cash or cash-equivalents available in your deceased estate. Before your family can inherit a single cent or a piece of land, your estate has to clear its own bills. If there is no cash to pay those bills, your estate is considered "illiquid." That is when things can get incredibly stressful for your loved ones. The Hidden Trap: Control vs. Forced Sales Liquidity is the dividing line between your assets being handled on your terms, or being handled entirely on the executor’s terms. If your estate has enough cash: The executor pays off your debts, settles the taxes, hands ove...

  The delays at the Master of the High Court in Cape Town have become a significant hurdle for families, with many describing the situation as a "bureaucratic disaster zone". While the official turnaround time is theoretically 2 to 4 weeks, the reality in Cape Town is often months or even years.  Losing a loved one is difficult enough without the added stress of a frozen estate. As an Advocate, one of the most frequent questions I receive is: "Why is the Cape Town Master’s Office taking so long to issue my Letter of Executorship ?" While we all want a swift resolution, several systemic and practical factors are currently contributing to what many legal professionals and Google reviewers call a "system in collapse". 1. Severe Staff Shortages and Vacancies The Cape Town office handles a staggering volume of estates but has been plagued by a high vacancy rate. In some instances, reports have surfaced of key officials being on leave for months or enti...

  The passing of a loved one often brings not only emotional grief but also complex legal disputes regarding final resting arrangements. In a significant clarification of South African common law , recent judgments have reinforced exactly where the authority lies when it comes to burial and the erection of tombstones . The Core Principle: Heirs and Executors First Under South African common law, the right and duty to bury a deceased person rests primarily with the person specifically nominated in the deceased’s will. However, in the absence of a will or clear instructions, this authority falls to the heirs and the executor of the estate . In a landmark ruling from the High Court (affirmed in April 2025), the court addressed a common friction point: Does the right to bury include the right to memorialise the grave with a tombstone?. Tombstones as an Extension of Burial Rights: The High Court clarified that the right to bury is not a one-time event. It naturally extends to the righ...

Losing a loved one is a difficult time, and navigating the legalities of their estate can feel overwhelming. One of the most common questions families ask is:  "How much does it cost to appoint an executor?" If a Will doesn’t explicitly state what the executor should be paid, South African law provides a clear framework to ensure the process remains fair and transparent. The Prescribed Tariff: What You Need to Know Under the  Administration of Estates Act, 66 of 1965 , executor remuneration is calculated using a standard tariff. This ensures that even if the Will is silent on fees, there is a legal benchmark in place. The standard rates are: 3.5%  of the gross value of the estate's assets at the time of death. 6%  on any income (like rental income or interest) earned after the date of death. A minimum fee of R350  (for very small estates). The "VAT Factor" in Estate Fees A common point of confusion is whether Value Added ...

One of the most important documents you will ever sign is your will, and it requires your regular attention. Any change in your personal circumstances can necessitate a review of your will, especially a change in your marital status. When you divorce your spouse, you must update your will. According to Section 2B of the Wills Act, you have a period of three months from the date of your divorce to update your will. If you pass away after three months without updating it, it will be assumed that you intended for your ex-spouse to inherit as stated in your will. The same applies to your child's guardian, who will have full parental rights and responsibilities. This guardian will manage any property inherited by your minor child until they reach the age of 18. They will be responsible for making decisions regarding your child's schooling, extracurricular activities, religious instruction, and assisting or representing your minor child in contractual and legal matters until they rea...