Deceased Estates Administration

When drafting a last will and testament, diligence is everything. A common oversight is forgetting to insert the date of execution. While it might seem like a minor administrative detail, a missing date can trigger severe legal battles and financial strain for your family after you pass away.   1. What the Law Says: Is an Undated Will Valid? In South African law, a will without a date is still legally valid .  According to the Wills Act 7 of 1953 , including a date is not one of the strict statutory formalities required to make a will legally binding, if the document meets the actual legislative requirements. However, just because an undated will is valid does not mean you cannot experience problems in the future. We discourage all clients from leaving out a date on their Will, because there can be complications during the estate administration process.   2. The General Consequences of an Undated Will Leaving a date off a will leaves your estate highly vulnera...

  When a property owner passes away and leaves a home to multiple beneficiaries, winding up the estate can become financially and emotionally complicated—especially if one person continues living in the house while waiting for it to be sold. To understand how South African law protects your inheritance, let’s look at a practical example using two siblings, Sipho and Thabo, who have been left equal shares of their late father's house. Sipho is currently living in the house, while Thabo lives elsewhere. 1. The General Sales Process When a property owner passes away with a valid will, the house does not immediately belong to the heirs. It belongs to the Deceased Estate. The Executor Steps In: The Executor is formally appointed by the Master of the High Court. Only the Executor has the legal authority to sign a mandate with an estate agent and sign the final sale agreement. Paying the Costs: The property is put on the market. Once a buyer is found, the...

In South African law, a Section 18(3) estate is a deceased estate with a total gross asset value of R250,000 or less . South African law separates deceased estates into two categories based on their financial value: Section 18(3) Estates (small estates) and Full Estates (large estates). The government created this division to make winding up smaller estates faster, cheaper, and less complicated for grieving families. Why the Law Separates the Estates The Administration of Estates Act 66 of 1965 separates these estates for several practical reasons: 1. To Lower Financial Costs Winding up a full estate requires legal notices and complex accounting, which can cost thousands of Rands. For a smaller estate, these costs could completely consume the inheritance. A Section 18(3) process eliminates advertisement fees and formal audit fees. 2. To Speed Up the Process A full estate takes a long time because the law requires waiting periods for creditors to come forward. By bypassing these steps, ...

Scenario : A consultation was held with the eldest daughter regarding her deceased mother’s estate. The daughter approached me for legal guidance regarding a family property dispute. The Master of the High Court has formally appointed her as the Executor of her late mother’s estate. As the Master-appointed Executor, the eldest daughter holds the sole legal authority to control and protect her late mother’s 50% share of the asset. The father retains his original 50% share. The daughters have a right of occupation and cannot be legally evicted by their father. Under South African law, the father’s claim of sole ownership is legally incorrect. Because the couple was divorced, any automatic spousal inheritance rights ended. Because the mother died intestate (without a will), her 50% co-ownership share of the property belongs entirely to her two daughters.   Breakdown of Property Rights • The Husband’s Share: The ex-husband retains his original 50% co-ownership share. He cannot...

  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...