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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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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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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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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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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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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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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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Ask most South African business owners what would happen to their business if they died tomorrow and you will get one of two responses. Either a vague reassurance that their partner or spouse would take over, or an uncomfortable silence that confirms the question has never been seriously considered. The reality is that the death...
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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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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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