Category: Law of Succession

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
Law of Succession

LAST WILL AND TESTAMENT

When you die without leaving a Will, your Estate will be distributed in terms of the Intestate Succession Act. Your family will therefore have no say when it comes to the administration of your Estate.

By leaving a Will you will ensure that:

  • Minor children will have a nominated guardian.
  • An Executor of your choice is appointed.
  • Your assets will be distributed according to your wishes.
  • Beneficiaries are clearly described.

Your Last Will and Testament should:

  • Always be in writing.
  • Signed by the Testator / Testatrix.
  • Signed in the presence of two competent witnesses.