Frequently Asked Questions

In South Africa the only person that can legally transfer property is a specialized type of attorney called a conveyancer, therefore you will not be able to attend to the property transfer process yourself.

Yes, you can sell your property yourself! Contact us today so we can assist you with some guidelines and a properly drafted contract to ensure your rights are protected.

In terms of the Alienation of Land Act, fixed property and land must be sold in terms of a written agreement, therefore in South Africa for a sale agreement to be valid it must be in writing.

Certificates of compliance for electrical is a legal requirement and plumbing/water is a legal requirement in Cape Town, so you cannot contract out of it and not attend to it. As the seller you can however amend your contract so that the purchaser pays for the certificates of compliance.

• Compliance certificate: Electrical, electric fence, gas, beetle (coastal regions), plumbing, water (Cape region).
• Estate agents commission: Settled directly by Cornell Horn Attorneys from proceeds on registration.
• Rates clearance figures: Obtaining rates figures is an issue that a council consultant may also be appointed to assist with.
• FICA fee
• Levy clearance figures: Where applicable.
• Bond cancellation costs: Give 90 day’s notice to avoid penalty interest on bond cancellation. Bond cancellation attorney fees are also payable.

Speak to your conveyancer and enquire if there are enough funds available and if the service providers attending the certificates of compliance will be willing to accept an undertaking for payment on registration.

The original title deed should have been given to you by the attorneys that transferred the property to your name, if there is a bond over the property, even if the bond has been settled the bank will have your title deed until you give the bank instruction to cancel your bond. This is another process that happens in the deeds office after which the bank’s attorneys give you the original deed after the bond has been cancelled in the deeds office. If your title deed has been lost or destroyed another process must be followed in the deeds office and this incurs an additional cost.

It depends on the specific circumstances. Generally, if the will meets the formal requirements of South African law (such as being signed and witnessed properly), it may be recognized as valid in South Africa. However, there may be additional requirements or legal hurdles to overcome in order to have the foreign will recognized, such as obtaining an apostille or obtaining a court order confirming the validity of the will. It is recommended to consult with a South African attorney to determine the specific requirements and procedures for recognizing a foreign will in South Africa.

No, only the executor, after the letters of executorship has been issued, may withdraw money from the bank account of the deceased.

Unfortunately your debts are not written off when you die in South Africa, when you die your estate will have to pay your debts. It’s very important to do proper financial planning to ensure your family is looked after when you pass away.

If the estate of the deceased has been reported to the Master and a will was submitted, you can apply to the Master of the High Court for a copy of the will. You will need to pay a fee of R25 to the Master as well as fill out an application form called the JM46 that must be submitted to the Master with the proof of payment attached. For more information on how to request copies from the Master please follow this link: https://www.justice.gov.za/master/forms.html Alternatively you can contact us at [email address] so we can request the copy on your behalf.

You will need to complete a set of forms that must be submitted the Master together with certified copies of certain documents relating to the deceased. Submitting these forms incorrectly or not submitting all of the required documents may result in a delay in the issuing of the Letters of Executorship by the Master. If the value of the estate is over R250 000 contact us today so we can assist you with this complex and often frustrating process of reporting an estate to the Master of the High Court.

Winding up a deceased estate in South Africa can take anything from 6 months to 24 months, depending on how complex the estate is and depending on external role players like the Master of the High Court, Deeds Office and SARS. That being said if you make use of the services of a specialist deceased administrator the process will be much quicker and stress free. You are welcome to contact us at [email address] for more information.

Deceased estate attorneys charge a maximum fixed fee of 3.5% of the gross value of the estate. The fee structure for each estate differs as some estates are less complex or have less work than other estates and therefore it’s always a good idea to talk to a specialist in the field of deceased estate administration to give you a quote.

If the gross value of the estate is less than R250 000 you can go to your nearest Magistrates court to obtain a Letter of Authority which would enable you to deal with the assets in the estate yourself. If the value of the estate is more than R250 000 you will have to approach a professional to assist you as the process is more complicated. If this is the case contact us so we can advise you on a way forward.

If the deceased did not make a valid will, the heirs will be indicated on the Next of Kin Affidavit, this affidavit will be used to determine who the heirs are the deceased that dies intestate (without a will).

If the value of the estate is more than R250 000 you will have to contact an attorney to assist you with the administration of the estate. We at Cornell Horn Attorneys are specialists in the field of deceased estate administration, Contact us today so we can assist you with winding up the estate.

Minors do not have capacity to enter into contracts and this includes selling fixed property. Therefore depending on the value of the property, an application will have to be brought either to the Master or the High Court to be able to proceed with selling the minor’s property.

When the gross value of the estate is more than R250 000 you will need to appoint an agent to assist you with the administration of the estate. This agent will be a professional person, usually an attorney that will attending to the winding up of the deceased estate on your behalf. If you received such a request from the Master, contact us so we can assist you in the winding up of the estate.

The first step will be to get a letter of executorship so someone can act on behalf of the deceased, after the letters of executorship has been issued the people living in the house of the deceased will have to be evicted. We specialise in deceased estate evictions and you are welcome to Contact us to find out more.

The Master of the High Court can appoint an executor if the heirs cannot agree on one. This is typically done when there is a dispute among the heirs or when the deceased did not leave a will. The executor appointed by the Master of the High Court will have the responsibility of managing and distributing the deceased’s estate according to the laws of intestacy or the will.

When fixed property is sold out of a deceased estate the Master of the High Court must consent to the transfer of the property, this consent or endorsement on the Power of Attorney to pass transfer is referred to as a section 42(2) endorsement as it’s in terms of section 42(2) of the Administration of Estates Act.

The executors fee depends on the gross value of the assets in the estate, the executors fee is usually 3.5% of the value of the estate so it not possible to give an average as each deceased estate is unique.Also bear in mind if there are fixed property that must be transferred to heirs the estate is liable to pay the transfer/conveyancing fees, if the estate does not have cash available to pay for the transfer of the property the heirs will either have to pay in the cash shortfall or sell the property. Contact us so we can provide you with advice on a way forward as well as a quote.

Due to the legal requirements for witnessing and certification, all notarial services must be performed in person and in the presence of the Notary.

Absolutely. Only a notary public can lawfully draft and register an antenuptial contract in South Africa.

Yes, you can draft your own will in South Africa, but it must comply with the Wills Act 7 of 1953 to be valid. That means it must be in writing, signed by you on every page and at the end, and witnessed by two competent people who sign in your presence and in each other’s. While a self-drafted will is legally allowed, most problems arise from unclear wording or technical mistakes that make the document unenforceable. Having a lawyer draft or review your will ensures it’s clear, compliant, and properly executed.

Yes, it’s advisable to book an appointment to ensure availability and to confirm the nature of the service required.

You’re not legally required to use a lawyer to draft a will in South Africa, but it’s strongly recommended. A will that doesn’t comply with the Wills Act or uses unclear language can easily be challenged or ruled invalid. Working with an experienced wills and estates lawyer ensures your document is properly drafted, witnessed, and aligned with your exact wishes. It also gives your family confidence that your estate will be administered smoothly and according to law.

Most notarisation appointments are completed within 30–45 minutes, depending on the complexity and number of documents involved.

A will in South Africa does not expire. Once it’s properly signed and witnessed according to the Wills Act, it remains valid indefinitely — unless you revoke or replace it with a new one. However, life changes can make an old will outdated. Events like marriage, divorce, the birth of a child, or acquiring new assets can affect how your estate should be managed. It’s recommended to review your will every few years to ensure it still reflects your current wishes and legal circumstances.

To be legally valid in South Africa, a will must meet these four core requirements under the Wills Act 7 of 1953: 1. It must be in writing — handwritten, typed, or printed. 2. It must be signed by the testator (the person making the will) on every page and at the end. 3. It must be witnessed by two competent witnesses, both present when the testator signs and when each other sign. 4. Witnesses may not be beneficiaries or related to beneficiaries named in the will. Meeting these requirements ensures your will is legally enforceable and prevents disputes or delays during estate administration.

Bring a valid form of identification (such as a South African ID or passport) and the original documents that need to be notarised.

A notary public is a legally authorised individual who witnesses signatures, certifies and authenticates documents, and administers oaths. You may need one to authenticate legal documents for use locally or abroad. Notary publics can also certify a copy of an original document, this is considered more reliable than a certified copy by a commissioner of oaths.

The biggest mistake people make is using vague or incomplete wording. Ambiguous instructions, missing signatures, or forgetting to appoint an executor often cause disputes and delays after death. Another common issue is failing to update the will when circumstances change — such as marriage, divorce, or new assets. A well-drafted will should be precise, legally compliant, and reviewed regularly. Working with a qualified lawyer helps you avoid these errors and ensures your wishes are carried out exactly as intended.

A notary public has broader legal powers than a commissioner of oaths, including the authority to draft and authenticate documents for international use and specialised contracts like antenuptial agreements.

Common documents include powers of attorney, affidavits, antenuptial contracts, and documents for use outside South Africa (apostilles and notarial authentication).

Persons under the age of 18 years are considered minors and cannot inherit, any inheritance due to a minor will have to be paid to the guardian’s Fund until the heir reaches the age of 18.

If you die without a will (intestate) your estate will be administered in terms of law and not in terms of your wishes. Contact us today to find out more about a properly drafted will.

Rebuild notes:

• Questions 1–7 are conveyancing/property; 8–23 are deceased estates; 24–36 mix notarial and wills; 37–38 return to estates/wills. The current ordering is inconsistent — worth regrouping into clear categories on the rebuild.
• Answers 11 and 13 contain inline email addresses that the site renders as “info@chalaw.co.za” via anti-scraping JavaScript; the literal address could not be read and is marked [email address] above. Confirm with the client.
• Several typos exist in the live copy and have been transcribed verbatim: “important” (Q10), “submitted” (Q11), “the Master” (Q12), “properly drafted contract” (Q2, likely should be “contract”), “children’s’” (Q37), missing space before full stop in Q23.