Asked by the Customer on 06-01-2020 14:11:31
Question posted in the General Law category relating to Western Cape
Besides the fee a attorney ask for handling the last will and testament can they ask for 5% when house had been sold. They did not use an estate agent
Message from the Attorney
Posted by Att. Patrick on 06-01-2020 22:38:31
Hi there and thank you for your question,
I am a practicing attorney based in South Africa. I see that you've asked a question but have not made any deposit for your question. I will try to assist you briefly with your question but please, if you would like more information, make a deposit and then we can continue the chat!
I assume that the attorney is the executor of the estate. If this is the case, then the attorney is entitled to executor's remuneration of 3.5% of the value of the estate plus VAT thereon. This, in total, works out to 4.025% of the estate.
If the executor is NOT a registered estate agent, then he/she is NOT entitled to a commission on the sale of the property.
BUT, if the executor is registered with the Estate Agency Affairs Board (attorneys can register with them, and the attorney can then operate a business of selling property and earning a commission off the sale), then he/she would be entitled to a commission on the sale of the property. Exactly what this fee is, depends!
Looking forward to assisting you further - if you would like.
Good luck and best regards,
CaseLaw
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