Author: Yolande Schoültz

Categories
Deceased Estates Law of Succession

INTESTATE TRANSFER OF PROPERTY TO THE SURVIVING SPOUSE

WHEN A PERSON DIE WITHOUT LEAVING A LAST WILL AND TESTAMENT IT MEANS THAT THE PERSON DIED INTESTATE.

The property owned by the deceased will be transferred to the surviving spouse and the following documentation must be lodged at the deeds office:

  • Original title deed.
  • Transfer duty exemption certificate.
  • Municipality clearance certificate.
  • New title deed.
  • Section 42(1) conveyancer certificate.
  • Letters of executorship certified by the Master of the High Court.
  • Inventory certified by the Master of the High Court.
  • Next of kin affidavit certified by the Master of the High Court.
  • Death notice certified by the Master of the High Court.
  • Liquidation and distribution account certified by the Master of the High Court.
  • Certified marriage certificate.
  • Intestate affidavit by the executor.
Categories
Deceased Estates Divorce Family Law

DIVORCE AND YOUR LAST WILL AND TESTAMENT

A divorced person has THREE MONTHS to change his or her will.

From the date of a divorce being granted, the FORMER SPOUSE IS DISQUALIFIED TO INHERET in accordance with the last will and testament of the testator, for a period of three months.

We can assist you to draft your new will.

Categories
Divorce Family Law

DIVORCE

IRRETRIEVABLE BREAKDOWN OF A MARRIAGE

Section 4(1) of the Divorce Act 70 of 1979 provides for two distinct requirements to establish an irretrievable breakdown of the marriage:

  • The marriage between the parties has irretrievably broken down.
  • No reasonable prospect of a normal marital relationship between the parties.

Section 4(2) of the Divorce Act 70 of 1979 provides examples of marriage breakdown:

  • The parties have not lived together as husband and wife for at least one year.
  • The defendant committed adultery, and the plaintiff cannot continue with the marriage.
  • The defendant is declared a habitual criminal and is in prison.
Categories
Divorce Family Law

GROUNDS FOR DIVORCE

Section 4 and Section 5 of the Divorce Act 70 of 1979 provides for the following grounds for divorce:

  • Section 4: The irretrievable breakdown of the marriage.
  • Section 5: Mental illness or continuous unconsciousness of a party to the marriage.
Categories
Family Law

STEPS IN AN UNCONTESTED DIVORCE

  1. Consultation with the client.
  2. Issuing of a case number at court.
  3. Summons and Particulars of Claim is served by the Sheriff on the Defendant.
  4. Parties agree to the terms of the Settlement Agreement.
  5. The Settlement Agreement is sent to the Family Advocate for endorsement when minor children are involved.
  6. Hearing date is issued by the court.
  7. The Plaintiff and his / her Attorney attend to court on the date of the hearing.
  8. Both the Plaintiff and the Defendant will attend the hearing when minor children are involved.
  9. The decree of divorce is issued by the court.
Categories
Deceased Estates

WHAT IS A DEATH FILE?

Have you considered the importance of compiling a “death file” AND informing your friends and family where to find your file when you pass away?

Often we see families not knowing if their loved one who passed has a last will and testament.

Examples of information which should be included in your death file are:

  • Your last will and testament.
  • Funeral policy document.
  • Social media accounts.
  • Passwords.
  • Policy documents.
  • Investments documents.
  • A list of bank accounts.
  • Share information.
  • Interest in companies.

These are only a few examples.

Categories
Deceased Estates

LAST WILL AND TESTAMENT

YOUR NOMINATED EXECUTOR MUST HAVE THE CAPACITY TO ACT

The following persons DO NOT have the capacity to act as an executor:

  1. A person under the age of 18 years old.
  2. A person who is mentally unstable.
  3. Unrehabilitated insolvents.
  4. A person who signed a will as a witness.
  5. A person who signed a will on behalf of the testator.
Categories
Deceased Estates

THE ADMINISTRATION PROCESS OF DECEASED ESTATES

The following steps should be followed by the attorney:

  1. Taking of instructions to administer the estate.
  2. First consultation with the family members.
  3. Reporting the estate to the Master of the High Court to obtain the letters of executorship.
  4. Section 29 advertisements in the government gazette and a local newspaper.
  5. Opening of an estate banking account.
  6. Gathering of information to value and validate the assets and liabilities.
  7. Drafting the liquidation and distribution account.
  8. Attend to queries from the Master.
  9. Section 35 advertisements of the liquidation and distribution account.
  10. Pay creditors and distribute the estate.
  11. The executor applies for his/her discharge by die Master.
Categories
Conveyancing Property Law

BUYING OR SELLING PROPERTY: Final Steps

1. The Conveyancer prepares the Deed of Transfer.

2. The transfer documentation is lodged at the deeds office.

3. The documentation is checked by the deeds office examiners.

4. The property is then registered in the name of the purchaser.

Categories
Conveyancing Property Law

BUYING OR SELLING PROPERTY: Step 5 – Transfer Duty

WHAT IS TRANSFER DUTY?

Transfer duty is tax levied on the value of the property.

WHO IS RESPONSIBLE TO PAY TRANSFER DUTY?

Transfer duty is payable by the Purchaser.

HOW IS TRANSFER DUTY CALCULATED?

Transfer duty is calculated according to a sliding scale on the value of the property.