Page 31 - Nexia SAB&T Property and Tax Guide 2025

NO VALID LAST WILL AND TESTAMENT (INTESTATE):
Where a person dies without leaving a valid Last Will and Testament:
◆ The estate is intestate, and the Master of the High Court will appoint an Executor
or Master’s Representative after receiving nominations from interested parties.
◆ A parent, surviving spouse or child of the testator may be appointed without
having to provide security for the proper performance of his duties. In all other
cases, the Executor will need to provide a bond of security to the Master – either
issued by the Legal Practice Council or a financial institution.
◆ The immovable property will be transferred to the heir/s or beneficiaries in terms
of the Intestate Succession Act (81 of 1987).
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

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