Good day, my inlaws were married COP.The...

Asked by Marianne Mynhardt on 11-02-2020 15:05:59
Question posted in the Property Law category relating to Western Cape
Question value: R 0.00

Good day, my inlaws were married COP.

They bought a house through Standard bank and my wife (their daughter) signed surety.

After my fater in-law passed away in 2017, the credit life policy at the bank settled the bond.

According to their last will and testament Absa was appointed as executers of the estate, seeing that they drafted the will. My mother in-law could not afford to pay the executers fees and Absa witdrew their executership.

My wife was appointed as sole executer of the estate. She still need to go to the Master of the Court to get the appointment letter. They are looking for a letter from an attorney to confirm that they are assisting with the estate, but we cannot afford the 3.5% fee that the attorneys are asking.

The only asset in the estate is the house, which still belongs to my mother in-law.

The bond amount was only R100 000.

There were no policies or any other assests.

My mother in-law cannot afford to pay the transfer fees to put the house on her name, as it is still in both her and her late husband's names. She only gets a Sassa pension.

According to the last will and testament of my inlaws their daughter must inheret the house in the event of both of them passing, as she is the person that paid for the bond.

What we need to find out is whether the bank can force us to sell the house if we cannot afford to do the transfer immediately.

Looking forward in hearing from you.

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Answer to the Question

Posted by Att. Patrick on 13-02-2020 12:40:45

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

You must ask the Master to deal with the estate as a section 18(3) estate if the value of the estate is less than R125,000.

Att. Patrick

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.

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