FAQs

Frequently Asked Questions

In South Africa the only person that can legally transfer property is a specialized type of attorney called a conveyancer, therefore you will not be able to attend to the property transfer process yourself.

Yes, you can sell your property yourself! Contact us today so we can assist you with some guidelines and a properly drafted contact to ensure your rights are protected.

In terms of the Alienation of Land Act, fixed property and land must be sold in terms of a written agreement, therefore in South Africa for a sale agreement to be valid it must be in writing.

Certificates of compliance for electrical is a legal requirement and plumbing/water is a legal requirement in Cape Town, so you cannot contract out of it and not attend to it. As the seller you can however amend your contract so that the purchaser pays for the certificates of compliance.

  • Compliance certificate: Electrical, electric fence, gas, beetle (coastal regions), plumbing, water (Cape region).
  • Estate agents commission: Settled directly by Cornell Horn Attorneys from proceeds on registration.
  • Rates clearance figures: Obtaining rates figures is an issue that a council consultant may also be appointed to assist with.
  • FICA fee
  • Levy clearance figures: Where applicable.
  • Bond cancellation costs: Give 90 day's notice to avoid penalty interest on bond cancellation. Bond cancellation attorney fees are also payable.

Speak to your conveyancer and enquire if there are enough funds available and if the service providers attending the certificates of compliance will be willing to accept an undertaking for payment on registration.

The original title deed should have been given to you by the attorneys that transferred the property to your name, if there is a bond over the property, even if the bond has been settled the bank will have your title deed until you give the bank instruction to cancel your bond. This is another process that happens in the deeds office after which the bank’s attorneys give you the original deed after the bond has been cancelled in the deeds office.

If your title deed has been lost or destroyed another process must be followed in the deeds office and this incurs an additional cost.

It depends on the specific circumstances. Generally, if the will meets the formal requirements of South African law (such as being signed and witnessed properly), it may be recognized as valid in South Africa. However, there may be additional requirements or legal hurdles to overcome in order to have the foreign will recognized, such as obtaining an apostille or obtaining a court order confirming the validity of the will. It is recommended to consult with a South African attorney to determine the specific requirements and procedures for recognizing a foreign will in South Africa.

 

No, only the executor, after the letters of executorship has been issued, may withdraw money from the bank account of the deceased.

Unfortunately your debts are not written off when you die in South Africa, when you die your estate will have to pay your debts. It's very importnat to do proper financial planning to ensure your family is looked after when you pass away.

If the estate of the deceased has been reported to the Master and a will was sumitted, you can apply to the Master of the High Court for a copy of the will. You will need to pay a fee of R25 to the Master as well as fill out an application form called the JM46 that must be submitted to the Master with the proof of payment attached.

For more information on how to request copies from the Master please follow this link:  https://www.justice.gov.za/master/forms.html

Alternatively you can contact us at [email protected] so we can request the copy on your behalf.

 

You will need to complete a set of forms that must be submitted the the Master together with certified copies of certain documents relating to the deceased. Submitting these forms incorrectly or not submitting all of the required documents may result in a delay in the issuing of the Letters of Executorship by the Master. If the value of the estate is over R250 000 contact us today so we can assist you with this complex and often frustrating process of reporting an estate to the Master of the High Court. 

Winding up a deceased estate in South Africa can take anything from 6 months to 24 months, depending on how complex the estate is and depending on external role players like the Master of the High Court, Deeds Office and SARS. That being said if you make use of the services of a specialist deceased administrator the process will be much quicker and stress free. You are welcome to contact us at [email protected] for more information.

Deceased estate attorneys charge a maximum fixed fee of 3.5% of the gross value of the estate. The fee structure for each estate differs as some estates are less complex or have less work than other estates and therefore it's always a good idea to talk to a specialist in the field of deceased estate administration to give you a quote.

If the gross value of the estate is less than R250 000 you can go to your nearest Magistrates court to obtain a Letter of Authority which would enable you to deal with the assets in the estate yourself.

If the value of the estate is more than R250 000 you will have to approach a professional to assist you as the process is more complicated. If this is the case contact us so we can advise you on a way forward.

If the deceased did not make a valid will, the heirs will be indicated on the Next of Kin Affidavit, this affidavit will be used to determine who the heirs are the deceased that dies intestate (without a will).

If the value of the estate is more than R250 000  you will have to contact an attorney to assist you with the administration of the estate. We at Cornell Horn Attorneys are specialists in the field of deceased estate administration, Contact us today so we can assist you with winding up the estate.

Minors do not have capacity to enter into contracts and this includes selling fixed property. Therefore depending on the value of the property, an application will have to be brought either to the Master or the High Court to be able to proceed with selling the minor's property.

When the gross value of the estate is more than R250 000 you will need to appoint an agent to assist you with the administration of the estate. This agent will be a professional person, usually an attorney that will attending to the winding up of the deceased estate on your behalf. If you received such a request from the Master, contact us so we can assist you in the winding up of the estate.

The first step will be to get a letter of executorship so someone can act on behalf of the deceased, after the letters of executorship has been issued the people living in the house of the deceased will have to be evicted. We specialise in deceased estate evictions and you are welcome to Contact us  to find out more.

The Master of the High Court can appoint an executor if the heirs cannot agree on one. This is typically done when there is a dispute among the heirs or when the deceased did not leave a will. The executor appointed by the Master of the High Court will have the responsibility of managing and distributing the deceased's estate according to the laws of intestacy or the will.

 

When fixed property is sold out of a deceased estate the Master of the High Court must consent to the transfer of the property, this consent or endorsement on the Power of Attorney to pass transfer is referred to as a section 42(2) endorsement as it's in terms of section 42(2) of the Administration of Estates Act.

The executors fee depends on the gross value of the assets in the estate, the executors fee is usually 3.5% of the value of the estate so it not possible to give an average as each deceased estate is unique.Also bear in mind if there are fixed property that must be transferred to heirs the estate is liable to pay the transfer/conveyancing fees, if the estate does not have cash available to pay for the transfer of the property the heirs will either have to pay in the cash shortfall or sell the property. Contact us so we can provide you with advice on a way forward as well as a quote.

Persons under the age of 18 years are considered minors and cannot inherit, any inheritance due to a minor will have to be paid to the guardian's Fund until the heir reaches the age of 18.

If you die without a will (intestate) your estate will be administered in terms of law and not in terms of your wishes. Contact us today to find out more about a properly drafted will.