Estate duty is calculated under the Estate Duty Act 45 of 1955. Broadly, the calculation starts with the deceased’s property and any property deemed to be property for estate duty purposes. For a person who was ordinarily resident in South…

A deceased estate itself is not “for sale” as a legal entity, but assets forming part of a deceased estate can certainly be sold during administration. This most commonly refers to a property marketed as a “deceased estate sale”. The…

Where the gross value of a deceased estate does not exceed R250,000, the Master may apply the simplified procedure in section 18(3) of the Administration of Estates Act. Instead of appointing an executor and issuing Letters of Executorship, the Master…

Estate duty planning should focus on the lawful deductions, abatements and planning structures available under current law. Common planning considerations include the section 4(q) deduction for qualifying property accruing to a surviving spouse, the section 4A abatement, qualifying bequests to…

A deceased estate’s status can be checked through the Department of Justice’s online systems, the executor or administrator, and the relevant Master’s Office. The ICMS Master’s Office Web Portal provides a public deceased estate search using information recorded by the…

A deceased estate comprises the assets, liabilities, rights and obligations that must be administered after a person dies. It can include immovable property, bank accounts, investments, vehicles, personal effects, business interests, loan claims, debts, taxes and other obligations. A deceased…

A deceased estate has no separate legal personality at common law. For purposes of administration, the estate’s assets, rights and obligations vest in the executor in the representative sense recognised by South African law. The executor takes custody or control…

An estate valued at R250,000 or less falls within the current monetary threshold for the simplified section 18(3) procedure, but the reporting location is still determined by the Master’s jurisdiction and current service point rules. The estate should be reported…

The Master of the High Court supervises deceased estate administration in South Africa, while the executor or Master’s Representative carries out the administration. Where an executor is appointed, the executor collects and safeguards assets, advertises for creditors, deals with claims…

Death is generally treated as a disposal of the deceased person’s assets at market value for CGT purposes, subject to specific exclusions and rollover provisions. This can crystallise gains that accrued while the deceased owned the assets. For the 2027…