LAST WILL & TESTAMENT – A BRIEF OVERVIEW

1. WHAT IS A WILL? 1.1 A will is a written document signed by a person (“the testator”) during his/her lifetime directing how his/her assets should be disposed of after his/her death. 1.2 The formalities required for the execution of a valid will on or after 1 January...
Buying Immovable Property from a Deceased Estate

Buying Immovable Property from a Deceased Estate

A simple property transaction can become fairly complicated if, for example, the seller dies during the transaction, i.e. prior to transfer of the property to the purchaser having been effected at the Deeds Office.SALE PRIOR TO DEATHAn agreement of sale that was...
Transfer Duty or VAT

Transfer Duty or VAT

TRANSFER DUTY OR VAT?Whenever immovable property is being transferred from A to B (irrespective of whether the parties are individuals or legal entities), the transaction will be subject to taxation by SARS, either in the form of transfer duty or value added tax...
Buying from a Non-Resident

Buying from a Non-Resident

On 1 September 2007, section 35A of the Income Tax Act, No 58 of 1962 (“the Act”), came into operation.In terms of Sec 35A of the Act all purchasers of immovable property (including non-residents) are burdened with a statutory duty to withhold a certain percentage of...