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Most South Africans have spent years building a digital life. Online accounts such as banking profiles, cryptocurrency wallets, investment platforms, social media accounts, e-commerce stores, and loyalty programmes. Very few have considered what happens to any of it when they die, and almost none have made provision for it in their wills. The result is...
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If you are selling a property in South Africa, you will at some point hear your conveyancer mention a rates clearance certificate. For many sellers and even some buyers, it is one of those terms that gets nodded along to without a full understanding of what it actually is, why it is required, or what...
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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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Most people sign a marriage certificate without giving much thought to what happens if their spouse accumulates serious debt. The reality is that your choice of matrimonial property regime, made before the wedding or defaulted into by doing nothing, determines whether your partner’s creditors can one day come for assets you consider entirely your own....
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Most South Africans know that a will is important. Far fewer understand how a will actually works, and the gap between what people assume and what the law says can be costly, contentious, and deeply unfair to the people left behind. The misconceptions around wills are not fringe beliefs held by the uninformed. They are...
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If you die without a valid will in South Africa, your estate is distributed according to the Intestate Succession Act — not your personal wishes. This article explains how intestate succession works, who inherits when there’s no will, and why working with Executor Law ensures your estate is managed correctly and your loved ones are...
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Estate duty is a tax that SARS levies on the value of your estate when you die. At 20% on dutiable amounts above R3.5 million — and 25% on amounts above R30 million — it represents a significant potential cost that, with proper planning, can be substantially reduced. The key word is planning. Estate duty...
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Whether you are buying or selling a property, the period between signing the sale agreement and the property being registered in the buyer’s name can feel like a long and anxious wait. So how long should it actually take? The honest answer: between 6 and 12 weeks for a typical residential transfer in South Africa,...
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