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Wills and estate planning

Can I appoint a guardian for my children in my will?

Yes, but while both parents are married and living together both parents have joint guardianship and joint custody. If one of those parents should die, the survivor automatically assumes the guardianship and custody and can delegate guardianship and custody to anyone else. Upon divorce, one parent will be awarded custody but both will be joint guardians unless the court decides otherwise. If a court grants sole custody and guardianship to one parent it is only this parent who has the power to appoint, by will, a person as sole guardian and custodian.

Is it advisable to give directions about my burial in my will?

Yes, to prevent any disputes in the family.

Who should I appoint as executor?

You can appoint anybody but it is not wise to appoint a relative or friend who is a layman. The function of an executor requires specialised knowledge and a sound understanding of the law. Furthermore, to put a friend or relative in a position where he/she has to make a decision affecting the family may be very onerous for that person.

What is a testamentary trust?

It is a trust created in a will which only comes into being upon the death of the testator. The reasons for creating the trust are numerous and include:

  • You wish to create a trust and appoint a trustee of your choice to look after your minor children in the event of your death
  • To prevent the inheritance of minor children being paid over to the Guardian's Fund

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How long will the transfer process take?

It takes on average 2-3 months if the Purchaser requires bond finance. If it is a cash deal it should take less time.

Does the Seller have to give his bank notice that he intends to sell his property and cancel his bond?

Yes, the Seller must give his bank 90 days notice of his intention to sell his property otherwise he will be charged a penalty for cancelling his bond any time prior to the expiry of the 90 day period.

Who pays for the Transfer Costs?

In normal practice, the Purchaser.

Who pays for the bond Costs?

The Purchaser

Are the transfer costs and the bond costs one and the same costs?

No they are two separate costs. When purchasing a property make sure you know the amount of both costs are before you sign the sale agreement.

Who appoints the Conveyancer?

Historically the Seller, but today it is a point for negotiation between the parties.

Would you recommend a properly qualified person to inspect the property which we intend to purchase to make sure everything is in working order and there are no defects before signing the Agreement of Sale?

We would strongly recommend employing the services of a company such as Inspect-a-Home to inspect the property you intend purchasing to protect you as purchaser from defects and building matters so your dream home doesn't become a nightmare.

Will I receive my Title Deed for my property on the same day the transaction is registered in the Deeds Office?

No, the Title Deed goes to the Microfilming Department in the Deeds Office where it is put onto microfilm as a permanent record in the Deeds Office. After microfilming, it will be released to the lodging Conveyancer who will supply you with the original. However, if the property has a mortgage bond registered over it, you will only receive a copy as the original Title Deed has to be sent to the bank or lender who will hold the original Title Deed until the bond is cancelled.

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  • Wills and estate planning
  • Trust formation and administration
  • Conveyancing and transfers
  • Specialised work in the commercial and agricultural sector (land claims included)

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