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In part one of our series discussing the administration of deceased estates, we dealt with the steps involved in reporting the estate.  Once these steps have been concluded, and the deceased estate was reported to the Master’s office, the following is needed for further administration of the estate: Letters to debtors and creditors. Letters will…

In South Africa, managing the estate of a deceased person involves several legal and administrative steps. One common question beneficiaries have is whether they can sell immovable properties directly from the deceased estate without first taking the transfer of the property into their names. The answer, generally, is yes, but with important qualifications.   When…

When it comes to the administration of deceased estates, the first steps, if done thoroughly and thoughtfully, can make the rest of the process much more efficient. Especially, as fast cannot be guaranteed due to third parties involved. With the process being intricate with quite a number of steps, we will break them down and…

In the current economic climate, South African homeowners find it increasingly difficult to sell their properties. A combination of high interest rates, stagnant economic growth, and rising living costs has created a challenging environment for the real estate market. High Interest Rates One of the primary factors contributing to the sluggish property market is the…

Losing a loved one is undeniably one of life’s most challenging experiences. Amidst the emotional turmoil, there’s a practical aspect that often needs immediate attention: the administration of the deceased’s estate. In South Africa, this process can seem daunting and complex, especially for those unfamiliar with legal procedures and requirements. However, with the right guidance…

Asset-for-Share Transfers: The Basics An asset-for-share transaction, as articulated in section 42 of the Income Tax Act, Act 58 of 1962 (herein the ”ITA”), involves the exchange of assets (such as immovable property) for shares within a company. Instead of a cash payment, the seller receives shares in the acquiring company, effectively becoming a shareholder.…

Navigating the Divorce Process in South Africa: A Step-by-Step Guide Divorce is a significant life-changing event that necessitates a structured approach. In South Africa, the legal process of divorce follows a series of specific steps designed to protect the rights of both spouses and facilitate the dissolution of marriage fairly and equitably. Below, we explore…

*  This blog is for information purposes only and should not be viewed as legal advice offered by Burden Swart & Botha Attorneys. It so often happens, that purchasers experience buyer’s remorse after signing an offer to purchase on an immovable property.   It is important to know what recourse the Seller has when a Purchaser…

Buying a sectional title property in South Africa involves a unique set of considerations, as specific laws and regulations govern these schemes such as the Sectional Tiles Act & the Sectional Titles Schemes Management Act. Here are some key things to consider when buying a sectional title property: Exclusive Ownership: You have full ownership of…

Divorce involving minor children in South Africa is governed by the Children’s Act of 2005. When a married couple with minor children decides to divorce, there are specific legal processes and considerations to ensure the well-being and best interests of the children are taken into account. These include, amongst others, care and contact of the…