Transfer costs in a deceased estate
A client asked: We own a property that is registered in both my wife’s and my name, meaning we have joint ownership on an equal
June 30, 2022
WILLS & DECEASED ESTATES
Compassionate Estate Winding Up Services: Let Bregman Moodley Attorneys Guide You Through the Process with Roy Bregman’s 49 + Years of Expertise
Introduction:
Dealing with the estate of a loved one is a challenging and emotionally taxing endeavour. It’s a time when empathy and professionalism are of utmost importance. At Bregman Moodley Attorneys, we understand the complexities, emotions, and intricacies of estate winding. With a history dating back to 1974, Roy Bregman has dedicated over four decades to assisting families in South Africa with the compassionate, effective, and efficient handling of deceased estates. We are here to hold your hand through this difficult and traumatic time, ensuring that the process is as smooth as possible.
How We Can Help:
Expertise Since 1974: Roy Bregman, the founder of Bregman Moodley Attorneys, brings unparalleled experience to the table. His wealth of knowledge and expertise in estate winding has been honed through over 49 years of service. This longevity in the field sets us apart, making us one of the most trusted names in the industry.
Compassion and Understanding: We understand the sensitivity of this process and are committed to offering compassionate support throughout. Roy Bregman is well-versed in the emotional challenges that come with winding up an estate. He is here not only as a legal advisor but also as an empathetic companion, making a daunting journey a little easier.
Efficiency and Effectiveness: His decades of experience have allowed him to streamline the estate winding process. He can efficiently manage all legal and administrative aspects, ensuring that your loved one’s estate is settled effectively and according to the law. This leaves you with more time to focus on your emotional well-being and that of your family.
Personalized Guidance: Each case is unique, and Roy Bregman provides personalized guidance tailored to your specific situation. From filing the necessary documents to navigating the intricacies of the law, we’re here to ensure your needs are met and your loved one’s legacy is handled with care and respect.
Conclusion:
Winding up the estate of a loved one is never easy. At Bregman Moodley Attorneys, we understand that this is a difficult and traumatic time for you and your family. With over 49 years of experience in estate winding, Roy Bregman is here to offer his expertise and empathetic support. We pride ourselves on not only providing efficient and effective legal services but also on holding your hand through this challenging journey. Let us help you navigate the process, so you can focus on remembering and honouring your loved one, while we take care of the legal complexities with professionalism and compassion.
Roy Bregman will help you navigate the steps of the estate administration process.
Click the button below to access and complete a simple questionnaire to streamline your estate administration journey. Roy Bregman and team are here to lighten your load and guide you with care.
Please contact Roy Bregman for more information and assistance.
Frequently Asked Questions - Wills, Trusts, and Estate Distribution
A deceased estate arises when an individual passes away, leaving property or a will, or an intended will. The estate is then managed and distributed according to the deceased’s will or, in the absence of a valid will, in accordance with the Intestate Succession Act, Act 81 of 1989. The process for administering a deceased estate is governed by the Administration of Estates Act, 66 of 1965 (as amended).
Any death occurring within the Republic of South Africa that leaves property or a document intended as a will, as well as any death outside of South Africa that leaves property or such a document within South Africa, must be reported to the Master of the High Court.
If the deceased resided in South Africa, the estate should be reported to the Master of the High Court in the jurisdiction where the deceased lived before their death. For cases where the deceased did not reside in South Africa at the time of their death, the estate can be reported to any Master of the High Court, as long as it’s reported to only one Master. An affidavit confirming that no other Master has granted letters of executorship in South Africa must accompany the reporting documents.
Estates of deceased individuals must be reported to the Master of the High Court within 14 days of the date of death. Any family member or person in possession of the deceased’s property or will, or intended will, can report the death. The reporting is done by submitting a completed death notice and other necessary documents, available from the Master’s Office, Magistrate’s Office, or www.doj.gov.za.
The reporting requirements depend on the estate’s value and the type of appointment needed. If the estate’s value exceeds R250,000, letters of executorship must be issued, and the full procedure specified by the Administration of Estates Act must be followed. For estates with a value less than R250,000, the Master of the High Court may issue letters of authority in terms of Section 18(3) of the Administration of Estates Act, Act 66 of 1965. Magistrates’ Office service points have jurisdiction for cases without a valid will and where the gross estate value is less than R125,000, and letters of authority are used for administration.
The following documents are necessary:
Completed death notice (form J294)
Original or certified copy of the death certificate
Marriage certificate or proof of registration of a customary marriage, or religious marriage documentation
Original wills, codicils, or intended will documents
Next-of-kin affidavit if there is no valid will (form J192)
Completed inventory form (form J243)
Nominations by heirs for executor appointment in intestate cases
Completed acceptance of trust as executor forms (form J190)
Undertaking and bond of security (if applicable)
Affidavit if the deceased passed away before 2007, confirming no prior reporting to another Master.
What documents are required for estates with a value less than R250,000?
The following documents are needed:
Completed death notice (form J294)
Original or certified copy of the death certificate
Marriage certificate or proof of registration of a customary marriage, or religious marriage documentation
Original wills, codicils, or intended will documents
Next-of-kin affidavit if there is no valid will (form J192)
Completed inventory form (form J243)
List of deceased’s creditors (if applicable)
Nominations by heirs for the appointment of a Master’s representative in intestate cases or where the nominated executor declines.
Undertaking and acceptance of Master’s directions (form J155)
Declaration confirming no prior reporting to another Master’s Office or service point of the Master, for cases where the deceased passed away before 2007.
ARTICLES
Freedom of testation and our Constitution
Freedom of testation and our Constitution A will drafted in 1902 created a fideicommissum for three generations. The first generation of heirs included the testator’s
July 15, 2021
Removing an executor from office
The Master of the High Court (‘the Master’) appoints someone called an ‘executor’ to administer a deceased estate where the estate is worth R250,000 or
July 29, 2020