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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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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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Can You Contest a Will in South Africa? A will is the clearest expression of a person’s final wishes. But what happens when family members believe the will does not reflect what the deceased truly intended — or that the document itself is flawed or fraudulent? The short answer is yes: a will can be...
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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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When it comes to planning your estate in South Africa, you have two primary legal instruments at your disposal: a will and a trust. Both allow you to direct what happens to your assets when you die (or during your lifetime). Both have legitimate and important roles in estate planning. But they are not interchangeable,...
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Ask most South Africans how much it costs to buy a property and they will quote you the purchase price. Ask them about transfer duty versus transfer costs and you may get a blank look — even from people who have bought property before. These are two very different things, and confusing them can leave...
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