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Jun 30, 2021 · In a case where someone leaves a surviving spouse and children, all marital property goes to the surviving spouse, with any remaining property divided two-thirds to the widow and one-third to...
If you were married and not separated or divorced at the time your partner died, then what happens to your partner's property depends on whether they had a valid will. A will is a written legal document that says who gets a person's property after that person dies.
- Where The deceased Spouse Died Testate
- Where A deceased Spouse Has Died Intestate
- How Does This Apply to The Different Matrimonial Regimes?
In community of property
In terms of the Matrimonial Property Act 88 of 1984, you and your spouse own the property jointly by virtue of your marriage in community of property. On the death of your spouse you are automatically entitled to an undivided half share in the property by virtue of your marriage. Should your deceased spouse have bequeathed his / her share of the estate to you, you will then be entitled to take transfer of the deceased’s half of the property. The transfer of the half share in the property can...
Out of community of property
Should you and your deceased spouse each own a 50% share in the property and your deceased spouse has bequeathed his / her 50% share in the property to you, you will then be entitled to take transfer of their 50% share in the property. 1. The transfer of the 50% share can only be done by way of a formal transfer. 2. A section 45(1) endorsement is only available if the property is an asset in a joint estate. 3. The transfer of the 50% share will be subject to any conditions in your deceased sp...
If your spouse has died without making a valid will, the property will be transferred in terms of the provisions of the Intestate Succession Act 81 of 1987 (Act), which states that: 1. If the deceased is survived by a spouse and no descendants, then the surviving spouse is the sole heir and the property devolves in terms of section 1(1)(a) of the A...
In community of property
On the death of your spouse you are automatically entitled to an undivided half of the property by virtue of your marriage in community of property in terms of the Matrimonial Property Act 88 of 1984. Your spouse’s share will be transferred in accordance the provisions of the Act. 1. If you are the sole heir, the transfer of the half share in the property can be done in two ways; by way of a section 45(1) endorsement or by way of a formal transfer, as discussed above in the paragraph dealing...
Out of community of property
Should you and your deceased spouse each own a 50% share in the property, your deceased spouse’s 50% share in the property will be transferred in accordance the provisions of the Act. 1. The transfer of the 50% share in the property can only be done by way of a formal transfer. 2. If you are the sole heir, the 50% share in the property will be transferred to you. 3. If you are not the sole heir, the 50% share in the property will be transferred to you and the heirs. 4. A next-of-kin affidavit...
Customary marriages
With effect from 20 September 2010, the Act has been amended by the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 to provide that from 20 September 2010 the estate of any person who died intestate will devolve in accordance with the Act but subject to customary law. Terms to take note of: 1. Customary law – means the customs and practices observed amongst the indigenous African people of South Africa and which form part of their culture. 2. Descendant...
- Natasha Fletcher
Apr 20, 2022 · As far as income tax is concerned, a deceased individual is generally deemed to have disposed of their property at fair market value at the time of death. However, if they had a spouse at the time of death, property can pass to the spouse (or common-law partner) on a tax-deferred basis.
- Get legal, tax and financial advice. Settling an estate can require professional help. You may need a lawyer, an accountant and a financial advisor. Those you know and already enjoy working with are the logical choice.
- Make funeral arrangements. Did your spouse purchase a cemetery plot or make other pre-arrangements? If not, you will need to select a funeral home. If you are unsure of which one to choose, consider asking a loved one to compare options.
- Apply for government benefits. The Canada Pension Plan (CPP) or Quebec Pension Plan (QPP) pays a lump-sum death benefit of $2,500. You may be eligible for survivor benefits and children’s benefits as well.
- Contact your spouse’s past and recent employers. Was your spouse employed when they passed? If so, you may be eligible for group life or accident insurance benefits.
when your partner died, then what happens to their property depends on whether they had a valid will. A will is a written legal document that says who gets a person's property after that person dies. To be valid, your partner must have followed certain rules when making their will.
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Jun 26, 2023 · A legal right that comes with holding a title as joint tenants is the “Right of Survivorship”. This means that when one owner (joint tenant) passes away, the surviving joint tenant automatically becomes the sole owner of the property.
