DECEASED ESTATES

DECEASED ESTATES

DECEASED ESTATE

Here at Voss Attorneys we are passionate about people and strive to assist them in their day to day lives. Life as we know it is daunting not to mention any legal matters that might arise. The law regarding Deceased Estates falls within that category.  More often than not the Administration of deceased estates is an unpleasant process, so it’s understandable that affected parties don’t want to be burdened with the legal administrative process as well.  For that reason Voss attorneys decided to set up a dedicated team of professionals to assist our clients in this process so that they don’t have to worry.

GENERAL OVERVIEW

The Administration of Deceased estates is a process or procedure that must be followed  in order to divest a deceased person of his or her assets, and to transfer those assets , after payment of any debts in the estate, to the testamentary or intestate heirs.

BASIC PROCEDURE

  1. Taking Instructions
  2. First Consultation with Family Members
  3. Reporting the Estate
  4. Notice to Creditors and opening Estate Banking Account
  5. Gathering information, Valuations and balance Certificates
  6. Drafting the liquidation and Distribution Account
  7. Queries by Master
  8. Inspection period
  9. Finalisation of the estate after inspection period
  10. Final requirements (Supply Master of the High Court with bank statements)
  11. Filing Notice (Estate has been Finalised)

We at Voss attorneys invite you to use our comment form on our Website to contact us with any queries that you might have. Please note that the consultations are free so please arrange a consultation so that we can assist you.

THE IMPLICATION OF THE “VOETSTOOTS” CLAUSE AND UNAPPROVED BUILDING PLANS

THE IMPLICATION OF THE “VOETSTOOTS” CLAUSE AND UNAPPROVED BUILDING PLANS

THE IMPLICATION OF THE “VOETSTOOTS” CLAUSE AND UNAPPROVED BUILDING PLANS

Almost all sale of land agreements includes a voetstoots clause which essentially means that the purchaser accepts the property “as is” and thus accepting the risk of defects (patent or latent) at the time of the sale.

However, for every rule at least one exception exists which is also the case with the voetstoots clause. For instance, where a seller conceals latent defects, which he was aware of at the time of the sale, the seller will be liable for those defects provided that the purchaser can prove that the seller knew about it at the time of the sale and maliciously intended to conceal its existence from the purchaser with the purpose of defrauding him.

It is trite law that buildings erected without municipal approval constitutes a property with a latent defect. Thus, if a seller knows that there are structures on the property which does not form part of the approved plans (especially if the seller was involved in the renovations) and intentionally fails to disclose it, the seller will not be able to rely on the provisions of the voetstoots clause.

Where the seller can be regarded as a “supplier” in terms of the Consumer Protection Act this position in respect of a voetstoots sale will however change.

Be vigilant when buying property and ensure that the deed of sale makes provision for a seller’s warranty in respect of the building plans and overall municipal approval of the structures.

For more information contact us on info@vossattorneys.co.za

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