Page 43 - Nexia SAB&T Property & Tax Guide 2022

THE EXECUTOR’S DUTIES IN RELATION TO THE IMMOVABLE PROPERTY:
◆ The Executor is the only person who is lawfully authorised and empowered to deal with
the assets of the deceased (including the immovable property), and until such time as
he is appointed, no-one can act on behalf of the deceased estate.
◆ All Powers of Attorney executed by the deceased person before he died, will
automatically fall away on his death, and this would include a Power of Attorney to
register a transfer.
◆ The transfer of immovable property which was sold prior to the deceased’s death, may
proceed, however the Executor will be required to sign new documents, including a new
Power of Attorney to register the transfer of the property.
◆ Once Letters of Executorship have been issued, the Executor may, in terms of the
provisions of the Last Will and Testament or in terms of intestate succession (whichever
is applicable), either pass transfer of the immovable property to the heir/s, or sell
the immovable property to a third-party purchaser, provided consent is obtained from
the heirs.

TRANSFER OF IMMOVABLE PROPERTY TO HEIRS:
◆ The transfer of the property to the heir/s cannot be registered before the Liquidation
and Distribution Account has lain for inspection without objection, in terms of Section
35 of the Administration of Estates Act (66 of 1965).
◆ A Conveyancing Attorney will need to be appointed by the Executor, who will need to
certify, in terms of Section 42 (1) of the Administration of Estates Act, that the transfer
is in terms of the Liquidation and Distribution Account which has lain for inspection
without objection, and that the transfer is in accordance with the Liquidation and
Distribution Account.
◆ A Master’s certified copy of the Last Will and Testament and next-of-kin-affidavit (in the
case of an intestate estate) will need to be lodged at the Deeds Office with the other
documents for registration.
◆ There will be no transfer duty payable.
◆ The deceased estate will bear the conveyancing costs including disbursements such as
the Deeds Office fee.
◆ The deceased estate will also need to bear the cost of obtaining rates and levy
clearance certificates – valid until after the anticipated date of registration of the
immovable property.
◆ If the gross value of the estate is R250 000 or less, the Master of the High Court
may, at his discretion, direct that the estate is wound up as a Section 18(3) estate,
and will issue his written directions to the person charged with the duties (Master’s
Representative) in terms of which he is ordered to take control of the estate assets, pay
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