J Bredenkamp Inc / ExecutorLaw.co.za

Grateful for another happy client! At J Bredenkamp-Executor Law, we strive to make the legal process smooth and stress-free. Thank you for trusting us!

Understanding Transfer Duty: What You Need to Know

When purchasing property, it's important to be aware of Transfer Duty—a tax levied on the value of the property acquired. This must be settled before the property transfer can be completed.

Key Facts:

No Transfer Duty is payable on properties valued up to R1 100 000.00

For properties above this threshold, the purchaser is responsible for paying the duty.

Navigating the property transfer process can be complex, but it doesn’t have to be.

At J Bredenkamp Inc- Executor Law, our expert team is here to guide you every step of the way, ensuring all legal requirements are met with ease. From understanding Transfer Duty to handling all your conveyancing needs, we’ve got you covered.

Ready to make your property purchase stress-free? Get in touch with us today!

National Wills Week 2024

National Wills Week is an important initiative aimed at raising awareness about the importance of having a valid will and making estate planning accessible to everyone. From 16 to 20 September 2024, this week is dedicated to helping individuals ensure their wishes are respected and their loved ones are protected.

In honor of this important week, we’re excited to offer a special project for Parkview residents:

Who’s Eligible? Residents of Parkview with assets valued at less than R500,000 and earning less than R5,000 per month.

What’s Included? A free consultation to draft your will, ensuring that your assets are managed according to your wishes and your family is provided for.

How to Book? Appointments are subject to availability. Please email us to book your consultation at our offices.

Don’t miss this chance to take a crucial step in planning for your future.

For more details and to book your spot, contact us today on [email protected]

Have you ever wondered if your family could inherit your debt after you have passed away?

Check out this insightful article to understand how your financial obligations might affect your family after you're gone.

Read more here: https://www.iol.co.za/personal-finance/my-money/can-your-family-and-loved-ones-inherit-your-debt-after-your-death-0fc0795b-68ad-4a95-9d06-9b583069f8dd

Contact us on +27 10 900 4970 for assistance with your estate planning and drafting up your will. Or visit our website at www.executorlaw.co.za for more information.

Meet our founder- Janine Bredenkamp!

Find out more about Janine:

Can you share the story behind the founding of Executor Law? What inspired you to start this business? And how long have you been an attorney for?

J Bredenkamp Inc was started in 1993 after I was admitted as an attorney. I knew that I wanted my own business so that I had more control over the work that I could do and my life in general. I started with general litigation and had some lovely clients such as Italtile and Nampak but something was missing.

I knew that my passion was helping people on a personal level and so I gradually moved into conveyancing, wills and estates and notarial work. My qualifications as an attorney, notary and conveyancer compliment these fields of law.

How does Executor Law differentiate itself from other legal service providers in the market?

We offer a personalized and professional service. We do not run a call center and do not have turn around times of 7 to 90 days as many of the large corporates do. We understand that wills and estates are extremely emotional matters and we deal with them as such.


What is your vision for Executor Law in the next 5 to 10 years?

My vision is to ensure that we never lose sight of the personal aspects of our work and that we continue to use technology to enhance our service to our clients. However, we will never substitute human contact in this very personal and emotional area of law.


What are some key values or principles that guide your work at Executor Law?

Our values are to treat all our clients and staff with humanity, respect, compassion and professionalism. Our staff are encouraged to do courses so that they are up to date with the latest law and technology.


What advice would you give to aspiring women entrepreneurs or individuals looking to start their own business?

Don’t be scared to start your own business if you have an entrepreneurial spirit. Choose something that you enjoy. Focus on good service and choose the right staff. Treat your staff the way you would want to be treated. At J Bredenkamp INC/ Executor Law we are all women and we understand that we can’t be great at our work if our personal lives are compromised. In times of crisis you and your family come first.

How do you approach building and maintaining relationships with clients and stakeholders?

We build relationships through the compassionate and professional service that we give to each and every client. We work on a referral basis so this is critical to our success.

What have been some key moments of success for Executor Law, and what do you attribute this success to?

The successful moments are many and are always related to being able to help our clients in a meaningful way.


What is your favourite saying or quote?

"You become. It takes a long time. That's why it doesn't happen often to people who break easily, or have sharp edges, or who have to be carefully kept.

Generally, by the time you are Real, most of your hair has been loved off, and your eyes drop out and you get loose in your joints and very shabby.

But these things don't matter at all, because once you are Real you can't be ugly, except to people who don't understand. "

Margery Williams - The Velveteen Rabbit

We have a dedicated and committed team that can assist you with all of your legal needs and ensure peace of mind.

Stay tuned for more introductions of our lovely team.

Understanding Intestate Succession: What Happens When a Spouse Passes Away Without a Will?

When someone passes away without a will and is survived by a spouse and children from a previous marriage, the Intestate Succession Act determines how the estate will be distributed. Here’s how it works:

Estate Value Under R250,000: If the estate is valued at R250,000 or less, the entire estate goes to the surviving spouse.

Estate Value Over R250,000: For estates exceeding R250,000, the spouse is entitled to either a child’s share (an equal portion) or R250,000, whichever is higher. The remaining estate is then split equally among the children.

What is a Child’s Share? It’s calculated by dividing the estate's total value by the sum of the number of children plus the number of spouses.

This law ensures that both the spouse and children from previous relationships are considered in the distribution of the estate.

If you have questions about how this applies to your situation, contact us for advice or assistance.

Visit www.executorlaw.co.za for more information.

If you are approached by someone to sell a property which is owned by a person who has passed away, please remember the following:

You need to deal with the Representative/Executor of the deceased’s estate who has been appointed by the Master of the High Court and who is authorized to act on behalf of the deceased in terms of a Letter of Authority/Executorship. If they do not have this “Letter”, they may not sign your sale agreement;

You need to cite the Seller as “the Executor in the Estate Late # # , acting in terms of letters of Authority/Executorship No. # # #/ # # #”. If there is also a surviving spouse or any other parties cited on the title deed as registered co-owner then you need to cite that person as well and they need to also sign the sale agreement;

You need to insert into the special conditions that “It is recorded that the Master of the High Court is required to consent to/approve the sale. Should the Master refuse to approve the sale, this Agreement shall lapse and be of no further force or effect” alternatively one could say that “the Agreement is subject to the Master’s consent” but we try and avoid using suspensive conditions if possible;

Generally the Master is happy for properties to be sold as long as the asset is being sold for it’s correct value and all the heirs consent. Please make sure, before you take a mandate or offer, that the heirs are “on board” with the transaction as they will have to sign a consent during the process which gets lodged with the Master when we ask him to endorse our Power of Attorney to Pass Transfer. The heirs will have been appointed in terms of the will or if there is no will, in terms of the laws of intestate succession.

One does not need to wait for the deceased estate to be finally administered and wound up before the property can be sold. If the representative/Executor and heirs are in agreement the property can be sold and transferred as soon as the letters of Authority/Executorship is issued.

If you are approached to sell a property by someone who has just inherited it, please note the following:

Please check that the property has already been transferred into their name;
If it is not, please check with the attorneys handling the administration of the deceased’s estate, when it is going to be transferred into their name. An heir will only be “given” the property once the Liquidation and Distribution Account has been approved by the Master and account has lain open for inspection free of objection for 21 days. We often find heirs get ahead of themselves and the transfer into their name is still months away;

A simultaneous transfer from the estate to the heir and from the heir to your buyer is permissible. You would cite the heir as the seller in your agreement– however please make a note in the Agreement to cover the parties for a delay in the Estate transferring the property to the heir.

For further assistance on the necessary clause or for assistance with a will, please contact us on 079 394 2574 or visit www.executorlaw.co.za

When it comes to estate planning, forgetting assets or not clarifying ownership can lead to confusion, disputes, and delays in the distribution of your estate.

Identify Your Assets: Make sure you account for all significant assets, such as your home, property, vehicles, and other valuable items. It’s crucial to be thorough—overlooking assets can cause complications for your beneficiaries.

Clarify Ownership: Determine whether you own each asset independently or jointly with someone else, like a spouse or business partner. Properly clarifying ownership ensures that your estate plan accurately reflects your wishes and avoids potential conflicts.

Organize Your Assets: Consider categorizing your assets and jotting down their approximate value. It’s also helpful to note any mortgages or loans associated with each asset. This information can be invaluable for your executor and beneficiaries

Taking these steps ensures your estate is handled efficiently and according to your wishes. Don’t leave your loved ones guessing—plan ahead and provide clarity in your will.

Contact us for expert assistance with drafting your will.

Can a Court Appoint a New Executor if the Current One is Failing in Their Duties?

When a person passes away, their estate must be managed by an appointed executor, as specified in the will or nominated by the heirs if there is no will. However, if an executor is not fulfilling their responsibilities, can a new one be appointed?

Yes, it is possible for a court to remove an executor under certain circumstances:

1. Removal by the Court:
A court may remove an executor if:
They have accepted or sought any undue benefit or reward in connection with their duties.
The executor has engaged in improper agreements or misrepresentations in their role.
It is deemed undesirable for them to continue in their role for any valid reason.

2. Master of the High Court Removal:
The Master of the High Court can remove an executor under the following conditions:

The will appointing the executor is declared invalid or revoked.
The executor fails to comply with legal notices or requests.
The executor is convicted of serious crimes such as theft, fraud, or perjury.
The executor is incapacitated or unable to perform their duties effectively.

Ensuring that an executor acts with integrity and in accordance with the law is crucial for the proper administration of an estate. If you have concerns about an executor’s performance, seek legal advice to understand your options

Contact us for more information or assistance with a deceased estate.

We're thrilled to receive this glowing feedback! At J Bredenkamp Inc / Executor Law, we pride ourselves on providing exceptional service and peace of mind to our clients. Here's what one satisfied client had to say about their experience.

Thank you for trusting us with your legal needs. We're here to help you every step of the way.

What Happens If a Beneficiary Doesn't Want Their Inheritance?

If a beneficiary decides they do not want to accept their part of an inheritance, it’s important to understand the process and implications:

Renunciation: The beneficiary can formally renounce their inheritance. This means they will not receive any assets or benefits from the estate.

Redistribution: If a beneficiary renounces their share, it typically gets redistributed among the remaining beneficiaries according to the terms of the will or the laws of intestacy if there's no will.

Legal Formalities: The renunciation must be done in writing and submitted to the executor of the estate. It must be done within a reasonable time frame to ensure proper redistribution.

Contact us for expert guidance and navigation of the complexities of estate matters. Our team is here to provide professional assistance and ensure that your estate planning is seamless.

Happy Women’s Day from J Bredenkamp-Executor Law!

Today, we celebrate the strength, dedication, and achievements of women everywhere. At J Bredenkamp-Executor Law, we are proud to be a team of talented women who lead with passion and expertise in every aspect of our work. Your unwavering support and trust mean the world to us.

To our incredible team and valued clients—thank you for your continuous support and for empowering us to make a difference every day. Let’s honor the power and grace of women today and always.

Wishing all our amazing female clients a wonderful Women’s Day!

Can There Be More Than One Executor on a Will?

Absolutely! You can appoint more than one executor in your will. When multiple executors are nominated and appointed by the Master of the High Court, they become co-executors. This means they must work together to manage and execute the estate. Both will share the responsibilities and be jointly accountable for all actions taken.

However, certain individuals cannot be appointed as executors, including:

Individuals under the age of 18 (minor children)
Persons deemed mentally incapacitated
Individuals under legal guardianship (curatorship)
People who have not been rehabilitated from insolvency
Legal entities (such as companies)
Business partnerships
The Master of the High Court
Those disqualified by common law (e.g., individuals who caused the death of the deceased)
Individuals who signed the will on the testator’s behalf as witnesses
Those who wrote out the will by hand

Choosing the right executors is crucial for the smooth administration of your estate.

Ensure they are capable and trustworthy to carry out your wishes effectively.

Secure Your Future with a Marriage Contract

Planning a life together is exciting, but it’s also essential to protect both partners' interests. At J Bredenkamp Inc-Executor Law, we offer expert services in drafting and reviewing marriage contracts to ensure your financial and legal security.

Why a Marriage Contract?

Clearly define your assets and liabilities.
Protect individual investments and inheritances.
Minimize potential disputes in case of divorce or separation.

Our team provides personalized guidance to craft a contract that suits your unique needs, giving you peace of mind as you build your future together.

Contact us today to schedule a consultation and take the first step towards a secure and well-planned future!

Meet Our Team Members!

Introducing Cortne Dyason, an Associate Attorney at Executor Law.

Find out more about Cortne:

What inspired you to pursue a career in law?
"I have a strong moral compass and I believe in what is just and right."

What is your favorite aspect of working at Executor Law and how long have you been working here?
"I have been working at Executor Law for just over two years. My favorite aspect of working here is the people. We are like a family, and I have loved learning from and growing alongside the team."

What advice would you give to clients to ensure they receive the best legal support and services?
"Be honest and open about your needs and ask a lot of questions. No question is a silly question. Understanding your needs ensures we help you effectively."

What is your favorite quote or saying?
“I want to be in the arena. I want to be brave with my life. We can choose courage or we can choose comfort, but we can’t have both, not at the same time. Vulnerability is not winning or losing; it’s having the courage to show up and be seen when we have no control over the outcome. Vulnerability is not weakness; it’s our greatest measure of courage.” - Brené Brown

We have a dedicated and committed team that can assist you with all of your legal needs and ensure peace of mind.

Stay tuned for more introductions of our lovely team.

We love receiving feedback from our clients!
We recently assisted our clients with their bond registration.
Thank you for the positive feedback.

At Executor Law, we are dedicated to offering expert support and ensuring all of your bond registration experience is smooth and hassle free.

Contact us or visit www.executorlaw.co.za to find out more about our services and how we can assist you.

Ready to Draft Your Will? Here's What You Need to Know!

Creating a will ensures that your wishes are honored and your loved ones are taken care of. To make the process smooth and efficient, please gather the necessary information beforehand. Our team at Executor Law is here to guide you every step of the way.

Contact us today to schedule your appointment and secure peace of mind for your future.

Visit our website www.executorlaw.co.za for more details or contact us for any queries.

Wondering what to do if your parent residing in South Africa has passed away while you are living abroad?

Here is essential guidance on navigating this challenging situation.

Learn about the legal steps involved, including estate administration and inheritance processes. Whether you're handling assets or seeking legal advice, Executor Law is here to support you every step of the way during this difficult time.

Visit our website to find out more about your rights and responsibilities and how we can assist you https://executorlaw.co.za/my-parent-residing-in-south-africa-has-died-what-now-%ef%bf%bc/.

My Parent residing in South Africa has died – What now? - Executor Law I live overseas and my  parent that lives in South Africa has died – how do I administer the deceased estate and who can help me? This is a very common

Need documents legally certified?

Executor Law offers reliable notary services to authenticate your important paperwork. Whether it's affidavits, powers of attorney, or international document certification, trust our experienced notaries for meticulous attention to detail.

Visit our website or contact us today to ensure your documents are legal and recognized.

Common Legal Mistake: Heirs as Witnesses to Your Will

Did you know that having your heirs act as witnesses to your will can invalidate it? It's a common mistake that can lead to significant complications.

Ensuring that your will is legally binding means choosing witnesses who are not beneficiaries. This small step can make a big difference for the future of your loved ones.

Tip: Always select impartial witnesses to avoid any legal issues.

For more guidance on drafting a valid will, visit www.executorlaw.co.za or contact us today and we will guide you through the process of drafting a will and selecting the correct witnesses.

Myth Buster: "Get Your Free Will" - Not so fast!

Beware of offers claiming "free wills" in South Africa. While it may seem like a convenient and cost-effective option, there are important factors to consider.

Estate Duty Reality: When managing a deceased estate, estate duty may apply based on its value. Proper planning helps mitigate this tax burden.

Insurance Necessity: Having adequate insurance coverage ensures liquidity for your estate's needs, safeguarding your beneficiaries' interests.

Legal Clarity: While basic will templates may be offered for free, they might not address specific legal complexities. Consulting with a legal professional ensures your will is tailored to your unique circumstances.

At Executor Law, we offer affordable and comprehensive drafting of will services. We provide the legal expertise needed to help you avoid mistakes, reduce taxes, and maximize your family’s financial benefits. Let us guide you through selecting guardians and trustees, ensuring your wishes are legally sound and well-executed.

Visit www.executorlaw.co.za or contact us on 079 394 2574 for expert assistance.

Navigating the process of administering a deceased estate can be quite complex. Have a look at this insightful guide outlining 15 crucial steps to help you through it. Whether you're planning ahead or dealing with a loss, understanding these steps is essential.

Read more: https://www.moneyweb.co.za/financial-advisor-views/15-steps-to-administering-a-deceased-estate/

During this time, you will also need an empathetic partner that will help you deal with the lengthy and complex process of winding up your loved one’s estate. You need a skilled professional with the expertise to complete the administration of the deceased’s estate in a quick and compassionate manner. Executor Law – J. Bredenkamp Inc will help you deal with all the legal and financial consequences within the complexity of a deceased estate that you need taken care of.

Let us help you, contact us on 079 394 2574 or visit www.executorlaw.co.za for more information or assistance.

15 steps to administering a deceased estate The winding-up process can be lengthy, cumbersome, and bureaucratic.

Thinking of buying or selling property? Let us handle the legal details for you!

At Executor Law, we specialize in smooth and stress-free conveyancing services tailored to your needs. Whether it's your first home or a strategic investment, trust us to navigate the process with expertise and care.

Visit our website to find out more on how we can assist you https://executorlaw.co.za/

Did you know that most South Africans die without a will? This can leave loved ones facing significant challenges and uncertainties. Make sure your estate is protected and your wishes are honored. Read this informative article to learn more about the implications of not having a will and how you can plan ahead:
https://www.news24.com/fin24/money/explainer-most-south-africans-die-without-a-will-heres-what-that-means-for-their-loved-ones-20240512

Visit https://executorlaw.co.za/ to find out more about the legal requirements of setting up a will and let us help you through the process or contact us on 079 394 2574.

EXPLAINER | Most South Africans die without a will. Here's what that means for their loved ones | Business Statistics show that less than 15% of South Africans die with a valid will. Stacy Rouchos explains how intestate succession works.

From a client who lost a loved one and entrusted us with the winding up of the estate.

This is how we strive to look after our clients>

Dear Ellen,

Yes, thank you, the funds are in my account.

I wanted to say thank you to you and the team who have helped us through this difficult process. It has been a heartbreaking year and admittedly every time I received one of your emails it took me straight back to missing my Dad but we couldn't have gotten through it without you. Thank you for your understanding, patience and keeping us informed through all the many steps. You have been a blessing.

All the best.
Kindest regards,
A

Dear All,

Thank you all for your efforts and perseverance in getting this transaction done. Thank you especially to Angelique and Amanda for all your efforts and correspondence.

CL

The staff of J Bredenkamp Inc/ ExecutorLaw do their best to make our clients lives easier when they have stressful transactions like transfers, bonds, wills and loved ones passing away.

"Thank you Amanda. It has been a pleasure working with JBA."