Fallout over inheritance

FAMILY homes hold a special place in the hearts of those who spent many memorable moments there.

And so, when the owner passes away, conflict and complexities can arise. The contentious issues relate to the legal and emotional aspects of the deceased estate and if not handled correctly and sensitively, could have profound effects on families.

Common conflicts

There are many dynamics surrounding family homes and thus, says Matseleng Mogodi, the founder and principal of Snooks Estates, knowledge and information are key to help resolve matters.

She has seen close and distant relatives – and even criminals – attempting to be appointed as executors and claiming an inheritance.

“We see a lot of properties being sold by the person whose name rightfully appears on the title deed but later, it emerges that they transferred the late parent’s home into their name without informing other family members.

“Sometimes, family members know that the property is in this person’s name but never expected the person to sell the family home without the family’s consent. But it happens.”

Mogodi says there is a “bigger, ridiculous claim” from some family members who believe their position in the family – such as first or last born – entitles them to the inheritance.

The role of real estate agents is providing assistance to clients who might encounter schallenges, and thus bringing in attorneys, conveyancers and notaries to provide added expertise.

Key understandings

In handling issues of this nature, she says it is important that key questions are asked of an attorney. These include:

Who can rightfully sell the family house and what is the process? Who is entitled to the family home? Do grandchildren benefit from the family house?

“Most attorneys will advise that a family must appoint an executor of an estate… Once the family agrees on who should be appointed, the appointed person would then be responsible for

winding up the estate.” The legal process

Where the registered owner of immovable property has died, Pearl Scheltema, the chief executive of Fitzanne Estates, says the property will need to be transferred to another person, normally a family member.

The property will often need to be transferred to an heir or beneficiary nominated in the will of the deceased, but sometimes it may be in terms of the Intestate Succession Act.

“When a person dies, the Master of the High Court appoints an executor to administer the deceased estate.

“The purpose is to ensure an orderly winding up of the financial affairs of the deceased, and the protection of the financial interests of the heirs. Until an executor is appointed, no one can act on behalf of the deceased estate.”

Clear objectives

Mogodi says it is imperative that clear objectives are drawn up and every family member understands what they entail, especially with regard to the law.

“Estate planning brings with it the responsibility of motivating families to enhance communication even in unfavourable circumstancest.”

She further advises and challenges people to start talking about what they would like to see when they pass on. Inheriting the property

Jawitz Properties’ Mariette Breytenbach says being the beneficiary of fixed property brings with it pros and cons.

There might be outstanding debts on the property and beneficiaries need to consider the estate taxes and other financial implications, she says.

“Once the property is transferred to the beneficiary, other expenses related to maintenance, possible renovations and monthly rates and taxes need to be taken into account.”