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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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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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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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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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