HiMy dad is married in community of prop...

Asked by Morne Du Plooy on 17-10-2023 11:17:26
Question posted in the Property Law category relating to Western Cape


My dad is married in community of property to my mom. They own a house and my dad wants to bequeath the house to me, his son at the time of his passing. Is it as simple as just stating his wishes in his last will and testament or does he require to do something else, like wind up my mother's estate (which is only the house really).

Kind Regards,


Message from the Lawyer

Posted by Att. Patrick on 20-10-2023 16:10:24

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, even if it is R150 or R200.

The fact that your parents own a house and they are married in community of property, means that your Dad can actually only leave "his half" of the house to you in his Will. Your Mom owns the other half of the house. 

I assume that your Mom is still alive?

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, 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 deposits for their questions - they get serviced first!

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