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Deceased Estates
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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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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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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By Neville Bredenkamp van der Spuy, Attorney, Executor Law (J Bredenkamp Incorporated) Estate planning receives enormous attention, with seminars held on tax efficiency, families debating trusts with experts, and financial planners discussing investment structures. Lawyers, like Neville, draft wills and related testamentary documentation, but then someone dies and suddenly a serious amount of work begins,...
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Property is often the most valuable asset in a South African estate. It is also one of the most complicated to deal with when the owner, or one of the owners, dies. The way a property is owned at the time of death determines everything: who has a claim to it, how quickly it can...
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Discovering that a loved one’s deceased estate has more debt than assets is a deeply unsettling experience. It raises an immediate and frightening question: does the family have to pay? And if not, what actually happens to the estate, and to the creditors who are owed money? South African law is clear on this point,...
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If you have recently lost a loved one and are waiting for their estate to be finalised, you are probably asking one question repeatedly: how long is this going to take? The honest answer is that winding up a deceased estate in South Africa takes between 12 and 24 months in most cases — and...
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The Liquidation and Distribution Account — often referred to simply as the “L&D account” — is one of the most important documents in the administration of a deceased estate in South Africa. It is the formal accounting of everything the executor has done: every asset collected, every debt settled, every cost paid, and every rand...
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For many South Africans, a retirement annuity, pension fund, or provident fund represents one of the most significant assets they have built over a lifetime of work. So it makes sense to ask: what actually happens to that money when you die? The answer surprises most people — and it has significant consequences for how...
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To you, the reader, your family, network and community at large – there is still time to appoint a personal, trusted Executor, someone who knows you and acts with care, instead of leaving your heirs to deal with a call centre or rotating service desk for years to come. We have written an open letter...
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