...with foresight and proper advice, property can indeed become the legacy it was meant to be – a gift to the next generation, not a burden.
with any third party/ies, disputes often arise as to who can remain in occupation. 4. Multiple heirs – Where more than one heir inherits, co-ownership of an inherited property can create friction. Differing opinions on whether to sell, rent out or occupy the property can lead to deadlock and family tension. Common pitfalls in property transfers after death From our experience, the following are the traps that most often catch families and property owners off guard: • Unclear wills – A will that simply states that the deceased leaves “my
The human side of property as legacy At the heart of all of this is more than just law and paperwork. Property represents security, memory and legacy. A family home carries stories and meaning. An investment portfolio of properties is often the product of decades of hard work. When these assets become stuck in legal limbo, or worse, spark disputes between heirs, the emotional toll can be significant. As lawyers, we see the relief when families have planned well and the turmoil when they haven’t. Conclusion Property is a unique kind of asset: valuable, immovable and often deeply personal. When an owner passes away, it doesn’t simply pass hands. It must move through a legal and administrative process that is often slow, expensive and
Heirs often assume they can move in, rent out or sell a property immediately.
fraught with complications. But with foresight and proper advice, property can indeed become the legacy it was meant to be – a gift to the next generation, not a burden. By understanding the intersection of property law and deceased estates, and by planning with clarity, families and investors can ensure their real estate story ends with continuity, not conflict. Should you be in need, it would be our privilege to assist in properly and carefully planning your estate and ultimate handover of your property assets to your family and heirs, and to answer any questions. Our goal is to help clients approach life’s final chapter with dignity, clarity and control.
have no legal rights to the property and only the executor can decide what to do until the estate is wound up. Planning ahead – how to avoid the headaches The good news is that many of these issues can be avoided with proper planning. Our advice is simple: • Draft a clear will – with specifics about who should inherit immovable property, in what proportions and on what terms. Ambiguity is the enemy of harmony. • Ensure there are enough liquid assets (cash, investments, life cover) in the estate to cover transfer costs, municipal
charges and debt – allowing your heirs to receive an unencumbered asset and ensuring that the property is not lost. Otherwise, the executor may be forced to sell the property just to settle expenses. • Consider ownership structures – Property owners should think carefully about holding property in personal names versus trusts or companies. A well- considered structure can streamline succession, protect against estate duty, and offer other tax and practical benefits. • Appoint an executor with property expertise – Executors who understand both property transfers and estate administration can save families months of frustration.
property to my children” creates more questions than answers. Who gets what share? What if one child cannot afford the running costs of the property? • Usufructs vs ownership – Many testators leave a usufruct (the right to live in the property) to a spouse while leaving ownership to children. This can work well, but if not worded properly, it can cause years of uncertainty and angst. This should also be explained in the will so that the deceased owner’s wishes and intention are understood. • Premature assumptions – Heirs often assume they can move in, rent out or sell a property immediately. Until the transfer is registered at the deeds office, they
October 2025 | Issue 141 | Asset Magazine 301
300 Asset Magazine | Issue 141 | October 2025
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