Agreements for the alienation of immovable property must be in writing and must be signed by the parties. Can this be done electronically? Section 2(1) of the Alienation of Land Act, 68 of 1981 (“the Act”) provides as follows: “No alienation of land after the commencement of this section shall, subject to the provisions of …
Wills should have clear provisions on the rights of family members to immovable property after the owner dies. One way (the simplest) is to direct in the will that the property be sold and the proceeds divided among the children. This will avoid any joint ownership that could lead to disagreements among his children. However, …
Family rights to immovable property after death of the owner by Trust and Estates Read More »
Wills should have clear provisions on the rights of family members to immovable property after the owner dies. One way (the simplest) is to direct in the will that the property be sold and the proceeds divided among the children. This will avoid any joint ownership that could lead to disagreements among his children. However, …
Family rights to immovable property after death of the owner by Trust and Estates Read More »
A twice-married and twice-divorced couple were involved in a dispute over immovable property with a creditor of the husband, in Fischer v Ubomi Ushishi Trading and Others 2019 (2) SA 117 (SCA), a case decided by the Supreme Court of Appeal earlier this year. Mr and Mrs Haynes, who were married in community of property, …
Immovable property: marriage, divorce and creditors by Bianke Wallendorf Read More »
It is a common but unfounded belief that the State will take over your assets if you die without a Will. The Intestate Succession Act, no. 81 of 1987, sets out the rules of how the estate of a person who died without a Will should be divided between his/her family members. It specifically makes …