FAQs

How long will the administration of the estate take?

1How long will the administration of the estate take?
There are a lot of factors involved in handling the administration of an estate, including document availability, 3rd party involvement, etc. Below is a guideline of how long it can take:
  • Notice of estate and appointment of Executor - 3 to 10 weeks
  • Preparatory work for compilation of liquidation and distribution account - 6 to 24 weeks
  • Investigation of liquidation and distribution account by the Master of the High Court - 4 to 8 weeks
  • Liquidation and distribution account for inspection - 4 to 6 weeks
  • Finalisation of the estate (after inspection period and no objections lodged - 4 to 8 weeks
  • Total time (of an average estate): 6 to 13 months

By entrusting the administration of your loved one’s estate to J. Bredenkamp Inc., we can avoid any delays and speed up the process, leaving you with the time you need to mourn the loss of your beloved.

Marriage agreements

1What types of marital regimes are there in South African law?
There are basically 3 marriage contracts available in South African Law:
  • In community of property
  • Out of community of property, with accrual
  • Out of community of property, without accrual
2What is automatically excluded in an Antenuptial agreement (marriage contract)?
There are 3 factors that are automatically excluded when you enter an Antenuptial agreement:
  • Any amount you, or your spouse, received for non-patrimonial damages, e.g. if you receive money as the result of a road accident
  • Assets that have been specifically excluded from the contract
  • When one spouse has received a donation or inheritance, and it has been made clear that it should be excluded from the contract
  • Any gifts between the spouses, except for gifts given to the spouse under the apprehension of death
3What does ‘with accrual’ mean?
The accrual system is built on the principle that each party has the right to take back from the marriage whatever they brought into it, should the relationship come to an end. Everything that was built up during the marriage, is shared. Simply put, what was yours before the marriage stays yours, and what you have earned during the marriage belongs to both of you.
4What happens when I get married out of community property, without accrual?
When you enter an Antenuptial Contract without accrual, you and your spouse agree to keep your estates separate from each other. There will be no joining of assets, liabilities or estates. What was yours before and during the marriage, stays yours. And you are responsible for managing your own estate.

Conveyancing

1Who pays the conveyancer’s transfer fee?
The purchaser pays the fee, but the seller has the right to choose the conveyancer
2How long does transfer take?
Anywhere between 4 – 12 weeks, unless there are problems with the rates account or SARS.
3How much does a bond or transfer registration cost?
There is a recommended tariff that is published every year.
To calculate bond or transfer cost click here.
4How much is the transfer duty?
No duty is payable on the first R900 000.00.
To calculate bond or transfer cost click here.