By Liad Hadar – Director and Lara Calteaux – Head of Deceased Estates at Calteaux & Partners Incorporated
This article first appeared in Asset Magazine’s October 2025 edition

Property is one of the most valuable and personal assets a person can own. It’s not only a financial investment, it can also carry family history, emotional meaning and often represents stability and security.

What many property owners, investors and even heirs underestimate is how complicated things can become when a property is owned by an individual and the owner passes away.

Inheriting a property sounds straightforward until you find yourself entangled in delays at the Master’s Office, mortgage bond complications, municipal clearance backlogs or disagreements between heirs. In practice, property is often the asset that causes the most delays and disputes in deceased estates.

As property lawyers and estate specialists, we see this intersection every day. In this article, we have set out the most common challenges and how proper planning and clear legal guidance can help smooth the process when property becomes a legacy.

The Legal Framework – What Happens to Property on Death

When someone passes away, their assets, including immovable property, fall into their estate. The estate is frozen until an executor is appointed by the Master of the High Court. That executor alone has the authority to deal with the property, whether by transferring it to heirs or selling it to settle debts and pay the balance to the heirs.

Two key laws govern this process: the Administration of Estates Act (which sets out how estates are administered) and the Deeds Registries Act (which regulates how ownership is transferred in the deeds office). Where a valid will exists, the executor must follow the wishes of the deceased. Where there is no will, the Intestate Succession Act dictates who inherits.

This may seem obvious and simple in theory, but in practice, the transfer of property through an estate is rarely seamless.

The Practical Realities for Heirs and Executors

• Delays and bottlenecks – The Master’s Office is currently facing well-publicised backlogs. Without a letter of executorship, nothing can be done – not even paying rates or applying for clearance certificates. Add to that municipal delays in issuing rates clearance figures, and heirs often find themselves waiting months before any progress can be made.
• Mortgages and debt – If the deceased owner had a home loan, the bond remains binding. The bank will expect instalments to continue and, in most cases, call up the full outstanding balance. Without liquidity in the estate, or a surviving spouse who can take over the bond in terms of section 45 of the Deeds Registries Act, the executor may be forced to sell a property that the heirs had hoped to keep. At worst, the property may even be lost if the bank forecloses. It is also important to remember that interest continues to accrue on the bond after death – it does not stop simply because the owner has passed away. The sooner the debt is settled, the better for the estate.
• Tenants and occupation – Where a property is tenanted, the executor steps into the shoes of the landlord. Rent must be collected, leases enforced and maintenance attended to. Conversely, if the deceased owner lived in the property with any third party/ies, disputes often arise as to who can remain in occupation.
• 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 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 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.

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 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.