Page 32 - Nexia SAB&T Property and Tax Guide 2025

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 the liabilities and transfer ownership of the residue to
the beneficiaries. The remaining provisions of the Administration of Estates Act
regarding the administration of the estate are not applicable. A Liquidation and
Distribution Account does not need to be drawn up, there is no requirement for
advertisements or a Section 42(1) certificate from the Conveyancer.
TRANSFER OF IMMOVABLE PROPERTY TO A SURVIVING SPOUSE:
◆ Where a deceased person was married out of community of property, there may
be specific provisions in his antenuptial contract in regard to his immovable
property, which may override his wishes in terms of his Last Will and Testament.
◆ Where a deceased person was married in community of property one half of his
estate is owned by his surviving spouse as a consequence of the marriage. The
other half of the immovable property will devolve either in terms of the deceased’s
Last Will and Testament or according to the rules of intestate succession (where
applicable).
◆ If the deceased bequeathed his immovable property to his surviving spouse
(either by way of Last Will and Testament or by intestate succession), the following
taxation consequences are applicable:
◆ Estate duty – There is no estate duty payable on all property accruing to a
surviving spouse [Section 4q of the Estate Duty Act (45 of 1955)].

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