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Most South Africans know that a marriage contract determines how assets are shared between spouses during the marriage. What fewer people realise is that your marriage contract also has profound implications for what happens to your estate when you die. Understanding the connection between your matrimonial property regime and your estate planning is not optional...
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When someone passes away, a common question among families is whether the person named as executor in the will can also benefit from the estate. Often the deceased has nominated a spouse, adult child, or close friend — someone who naturally stands to inherit — as executor. So, is it legally allowed? And if so,...
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Most South Africans who have a will drafted it once — perhaps when they bought their first home or had their first child — and have never looked at it since. If that sounds familiar, your will may no longer reflect your life, your wishes, or the people you want to protect. Or, you never...
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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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When someone passes away and leaves behind assets worth more than R250 000 that need to be managed — property, bank accounts, investments, a business (an estate) someone needs to receive legal authority to deal with those assets on behalf of the estate. That authority comes in the form of a document called the Letters...
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If you’re getting married in South Africa, your marriage will automatically fall under the “community of property” system unless you take legal steps to opt out. This means your assets and debts will be combined with your spouse’s. To avoid this, you can choose between an antenuptial contract (ANC), signed before marriage, or a postnuptial...
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Understanding title deed registration costs is crucial when buying or inheriting property in South Africa. These costs include Deeds Office fees, transfer duty, conveyancer’s fees, and bond registration costs. Here’s a quick breakdown: Deeds Office Fees: Mandatory charges based on property value, starting from R50 for properties under R100,000 to R7,751 for properties above R20...
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Having a valid will is essential in South Africa to ensure your assets are distributed according to your wishes and to avoid complications for your loved ones. Without a valid will, your estate will be handled under the Intestate Succession Act, meaning the law decides how your assets are divided. Here’s a quick breakdown of...
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When someone in South Africa passes away, their movable assets – like bank accounts, vehicles, jewellery, and furniture – must be managed and distributed according to legal procedures. This responsibility falls on the executor, who is appointed to administer the deceased’s estate. Executors must follow the Administration of Estates Act 66 of 1965, ensuring proper...
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Estate planning is more than just writing a will – it’s about protecting your family from unnecessary legal and financial stress. Many South Africans make costly mistakes that could leave their loved ones vulnerable. Here are the top 10 pitfalls to avoid: No Valid Will: Without a will, the Intestate Succession Act decides who inherits,...
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