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Executor Law
18
Sep

The Guardian’s Fund: What Happens When a Minor Inherits in South Africa

September 18, 2026, ,
When a parent or grandparent dies and leaves something to a child under 18, most families assume the money simply sits safely until the child comes of age. What actually happens is more specific, and more restrictive, than most people expect. Unless a will directs otherwise, a minor’s inheritance in South Africa is paid into...
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16
Sep

Notary Public vs Commissioner of Oaths: Avoid Costly Mistakes

September 16, 2026,
Most South Africans have, at some point, needed a document “stamped by a commissioner of oaths” or signed “in front of a notary.” The two terms get used almost interchangeably in everyday conversation, and that confusion causes real problems. A document that requires notarial execution cannot be validly signed in front of a commissioner of...
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01
Sep

How to Plan Your Estate When You Own Property Abroad

September 1, 2026,
South Africans have always had an appetite for offshore property. Whether it is a holiday apartment on the Portuguese coast, a buy-to-let in the United Kingdom, a second home in Mauritius, or an investment property in Australia, cross-border property ownership is increasingly common among South Africans who have built wealth over a lifetime of work....
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01
Sep

What Is a Conveyancer in South Africa? The Critical Guide You Need

September 1, 2026, , ,
If you have ever bought or sold a property in South Africa, you will have encountered the word conveyancer. It appears in sale agreements, in transfer cost breakdowns, and in the stream of emails that accompany any property transaction. Most buyers and sellers nod along, aware that a conveyancer is involved, less certain about what...
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01
Sep

What Happens to Outstanding Debt in a Deceased Estate in South Africa?

September 1, 2026,
When someone dies, the focus of family members naturally turns to grief, funeral arrangements, and eventually to questions about inheritance. What receives far less attention, and what often surfaces as an unwelcome surprise during estate administration, is the question of debt. Most South Africans carry some form of debt during their lifetime. A home loan,...
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18
Aug

The Surviving Spouse’s Guide to the First Year After a Death

August 18, 2026,
Losing a spouse is one of the most disorienting experiences a person can go through. In the days and weeks that follow, most surviving spouses describe the same thing. A fog that makes even simple decisions feel impossible, while the world around them expects answers, signatures, and action. This guide is not a legal textbook....
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13
Aug

Why Your Primary Residence Should Usually Stay Out of Your Trust

August 13, 2026,
One of the most common conversations in South African estate planning goes something like this. A client decides to set up an inter vivos trust, lists all the assets they want to transfer into it, and includes the family home almost as an afterthought. It is their most valuable asset. Surely it belongs in the...
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11
Aug

Cross-Border Estates: Administration Localised, Tax Worldwide

August 11, 2026,
By Neville Bredenkamp van der Spuy, Attorney, Executor Law (J Bredenkamp Incorporated) Cross-border estates are becoming increasingly common among South African families, and one of the most persistent misconceptions Neville encounters is that a South African will limited to local assets also limits South African tax exposure, when in fact it does not. Succession and...
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06
Aug

What Is a Trust Deed and What Should It Contain?

August 6, 2026,
When most South Africans think about setting up a trust, the conversation quickly turns to tax savings, asset protection, and estate duty planning. What receives far less attention, and deserves far more, is the document that makes the trust legally possible in the first place: the trust deed. A trust deed is not a formality....
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04
Aug

Are You Personally Liable for Your Trust’s Tax Debt?

August 4, 2026,
If you are a trustee of an inter vivos trust in South Africa, this question matters more than most people realise. Trustees regularly sign tax returns, manage trust income, and make distributions to beneficiaries, often without understanding the personal legal exposure that comes with those actions. The short answer is yes: in certain circumstances a...
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