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Many South African families assume that once a loved one has passed away, their tax affairs simply come to an end along with everything else. In reality, the South African Revenue Service remains one of the most important parties an executor has to deal with, and an estate cannot be finalised or distributed to beneficiaries...
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Losing a loved one is hard enough without watching their estate sit unresolved for months, or even years, longer than it should. South African deceased estate administration is governed primarily by the Administration of Estates Act 66 of 1965, and while the Act sets out a clear process, almost every delay families experience in practice...
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Before an executor can be appointed, before a bank account can be frozen, and before any part of the deceased estate process can legally begin, one administrative step has to happen first: the death itself must be formally registered with the Department of Home Affairs. It sounds straightforward, but for families navigating this process for...
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Most South Africans believe their will controls what happens to everything they own when they die. For life insurance policies and retirement fund savings, this is often not true at all. These assets are frequently governed by a separate, far less visible document: the beneficiary nomination form completed when the policy or fund membership began,...
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Most South Africans now hold at least part of their wealth in a form that cannot be touched, photographed, or found by simply searching a home. Online banking profiles, cryptocurrency wallets, cloud storage accounts, digital businesses, and social media pages all form part of a person’s digital footprint, and increasingly, part of their estate. Yet...
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South African families look different today than they did a generation ago. Second marriages, stepchildren, half-siblings and children from more than one relationship are now the norm rather than the exception. Yet most wills in South Africa are still drafted as if every family consists of one marriage and one set of children. That mismatch...
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Most South Africans choose between a sectional title unit and a freehold property based on price, security, and lifestyle. Almost no one chooses based on how each ownership type will affect their estate one day. That is a mistake, because sectional title and freehold properties are treated differently when an owner dies, and the difference...
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When a joint bank account holder dies, the surviving holder often assumes the account is now simply theirs. It has both their names on it, they have always been able to draw on it freely, and there is no reason to think anything changes. In practice, that assumption causes real financial strain at exactly the...
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Property bought in a trust’s name looks, on paper, almost identical to property bought in a person’s own name. The deed of sale is signed, a conveyancer is appointed, and the transfer proceeds through the same Deeds Office system. Underneath that familiar process, however, buying through a trust changes who is legally responsible for the...
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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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