Ismael Cerfonteyn Attorneys

Ismael Cerfonteyn Attorneys We provide excellent legal services tailored to your needs.

What happens to jointly owned immovable property after the death of a spouse?When spouses are married in community of pr...
19/08/2026

What happens to jointly owned immovable property after the death of a spouse?

When spouses are married in community of property, their estates generally form one joint estate.

But what happens to a house registered in the spouses' names when one spouse passes away?

The surviving spouse cannot simply proceed to transfer the deceased spouse's interest in the property.

The deceased estate must first be reported to the Master of the High Court.

Once the estate has been reported, the Master will appoint an executor or Master's Representative, depending on the circumstances and value of the estate, who is authorised to administer the deceased estate.

Only once the necessary authority has been issued can the administration and transfer process properly proceed.

Depending on the circumstances, the property may ultimately:
✅be transferred to the surviving spouse or another heir in accordance with the Will or the laws of intestate succession;
✅be transferred pursuant to the administration and distribution of the joint estate; or
✅be sold and transferred to a purchaser as part of the administration of the deceased estate.

The important point is this:

Being the surviving spouse does not mean that the deceased spouse's interest in the property can simply be transferred or dealt with immediately.

The estate must first be reported, the necessary appointment must be obtained from the Master, and the property must thereafter be dealt with through the proper deceased-estate and conveyancing process.

If your spouse has passed away and there is immovable property forming part of the joint estate, obtaining advice early can help ensure that both the estate administration and eventual property transfer are handled correctly.

To schedule a consultation, you may contact Clayton at 0680058642 / Mushfiqah at 0767096297. Email: [email protected], Website: www.ismaelcerfonteyn.co.za

CIVIL LITIGATION – “IN COURT, TIMING MATTERS”When you are involved in civil litigation, it is not only what you do that ...
17/08/2026

CIVIL LITIGATION – “IN COURT, TIMING MATTERS”

When you are involved in civil litigation, it is not only what you do that matters - when you do it can be just as important.

Civil procedure is governed by rules that prescribe time periods within which certain steps must be taken.

Depending on the matter, these may include time periods for:
✅Defending a summons;
✅Delivering a plea or other court documents;
✅Responding to applications or notices;
✅Discovery and the exchange of documents;
✅Bringing certain applications; and
✅Taking further procedural steps as the matter progresses.

What happens if you miss a deadline?
Missing a procedural deadline does not necessarily mean that your case is automatically over. However, it can place you in a difficult position.

Depending on the circumstances, the opposing party may become entitled to take further procedural steps against you, you may then also be required to seek the Court's permission to take a step which is outside of the prescribed time period, and additional legal costs may be incurred.

In some instances, failing to act timeously can have particularly serious consequences, including a (default) judgment being sought without your defence having been properly placed before the Court.

The important part?
Don't wait until the last day.
If you receive a summons, notice, application or any other court document, take note of the date on which it was received or served and obtain legal advice as soon as possible.

Civil litigation is not only about the merits of your case. Procedure matters too, and missing a deadline can turn an otherwise defensible matter into a procedural problem.

To schedule a consultation, you may contact Mushfiqah at 0767096297 / Clayton at 0680058642. Email: [email protected], Website: www.ismaelcerfonteyn.co.za

’N TESTAMENT EN ’N BOEDEL IS NIE DIESELFDE DING NIEOns hoor gereeld mense sê:“My testament is klaar, so my boedel is mos...
11/08/2026

’N TESTAMENT EN ’N BOEDEL IS NIE DIESELFDE DING NIE

Ons hoor gereeld mense sê:

“My testament is klaar, so my boedel is mos uitgesorteer.” OF “Daar is nie ‘n boedel nie want die persoon het nie ‘n testament gehad nie.”

Maar ’n testament en ’n boedel is twee verskillende dinge.

Jou testament is die dokument waarin jy onder andere bepaal wat ná jou afsterwe met jou bates moet gebeur en wie dit moet erf.

Jou boedel, aan die ander kant, bestaan uit die bates en verpligtinge wat jy by jou afsterwe agterlaat – byvoorbeeld eiendom, voertuie, geld, beleggings en skuld.

Wanneer iemand sterf, moet die boedel steeds aangemeld en geadministreer word – ongeag of die persoon met of sonder ‘n testament sterf.

Dit beteken dat die feit dat iemand in jou testament as ’n erfgenaam benoem word, nie noodwendig beteken dat daardie persoon onmiddellik ná jou afsterwe eienaarskap van die betrokke bate verkry nie.

Die boedel moet eers volgens die toepaslike regsproses geadministreer word voordat die bates uiteindelik aan die erfgename oorgedra of uitbetaal kan word.

’n Behoorlik opgestelde testament is daarom ’n belangrike deel van boedelbeplanning – maar dit vervang nie die administrasie van jou boedel ná jou afsterwe nie.

Het jy vrae oor ’n testament of die administrasie van ’n bestorwe boedel?

Kontak Ismael Cerfonteyn Prokureurs gerus. Epos:[email protected] / Clayton: 068 005 8642 / Mushfiqah: 076 709 6297.

CELEBRATING WOMEN’S MONTHThis Women’s Month, Ismael Cerfonteyn Attorneys Inc. celebrates the strength, resilience and co...
09/08/2026

CELEBRATING WOMEN’S MONTH

This Women’s Month, Ismael Cerfonteyn Attorneys Inc. celebrates the strength, resilience and contribution of women in our families, workplaces, businesses and communities.

Throughout August, we are offering:
20% OFF INITIAL LEGAL CONSULTATIONS FOR ALL WOMEN

(Offer valid until 31 August 2026)

To schedule a consultation, you may contact Mushfiqah at 0767096297 / Clayton at 0680058642. Email: [email protected], Website: www.ismaelcerfonteyn.co.za

One of the biggest misconceptions in deceased estate administration is that a beneficiary thinks that he/she automatical...
07/08/2026

One of the biggest misconceptions in deceased estate administration is that a beneficiary thinks that he/she automatically becomes the owner of a deceased person's property immediately after their death.

That is not how the law works.

Whether you inherit under a valid Will, or through intestate succession (where the deceased person did not leave a valid Will), you do not become the legal owner of the deceased's property the moment they pass away.

Every asset belonging to the deceased first forms part of the deceased estate. Therefore, before any property can lawfully be transferred to an heir or beneficiary, the estate must first be:

✅Reported to the Master of the High Court;
✅Administered in accordance with the Administration of Estates Act;
✅The deceased's debts and liabilities must be dealt with;
✅The Master's requirements must be complied with; and
✅The property must ultimately be transferred to the person legally entitled to inherit it.

Until this process has been completed, no beneficiary has the right to treat estate property as though it already belongs to them.

This means that an heir or beneficiary cannot simply:

✅Sell the property;
✅Transfer it to someone else;
✅Decide who may occupy it;
✅Remove or dispose of estate assets; or
✅Exercise ownership rights over the property as if the transfer has already taken place.

The administration of a deceased estate exists to protect everyone involved, including beneficiaries, creditors and other interested parties, and to ensure that the deceased's wishes (or the law of intestate succession) are carried out correctly.

Being named as a beneficiary gives you a right to inherit, but it does not make you the legal owner immediately.

Ownership only passes once the estate has been properly administered and the relevant asset has been lawfully transferred in accordance with the law.

If you require assistance with the administration of a deceased estate, or are unsure of your rights as an heir or beneficiary, our team is here to assist.

To schedule a consultation, you may contact Clayton at 0680058642 / Mushfiqah at 0767096297. Email: [email protected], Website: www.ismaelcerfonteyn.co.za

Marriage in itself is a contract, so why are we still afraid to talk about an Antenuptial Contract?When two people decid...
03/08/2026

Marriage in itself is a contract, so why are we still afraid to talk about an Antenuptial Contract?

When two people decide to get married, they are already entering into one of the most important legal contracts of their lives.

Yet, mentioning an Antenuptial Contract (ANC) before the wedding is often seen as uncomfortable, unromantic, or even a sign of mistrust.

But should it be?

The reality is that an ANC is not about planning for divorce.

It is about ensuring that both parties understand the legal and financial consequences of their marriage before saying "I do."

Having these conversations beforehand allows couples to make informed decisions about:
✅How their assets will be dealt with.
✅How debt may affect their financial position.
✅Which matrimonial property regime best suits their circumstances.
✅Protecting one another from unintended legal consequences.

Open communication is one of the foundations of a healthy marriage. Discussing the legal consequences of marriage should be no different.

After all, if you're comfortable discussing the wedding venue, the guest list, and your future together, why not also discuss the legal framework that will govern your marriage?

An informed decision today can provide certainty for years to come.

To schedule a consultation, you may contact Mushfiqah at 0767096297 / Clayton at 0680058642. Email: [email protected], Website: www.ismaelcerfonteyn.co.za

Do I Need My Spouse's Consent to Sell My Property?This is one of the most common questions we receive, and the answer is...
30/07/2026

Do I Need My Spouse's Consent to Sell My Property?

This is one of the most common questions we receive, and the answer is:

It depends on your marital regime.

Here's a simple breakdown:

✅Married in Community of Property?
Yes. The written consent of your spouse is required before immovable property forming part of the joint estate can be sold or transferred.

✅Married Out of Community of Property (without accrual)?
Generally, no. If the property is registered solely in your name, you may usually sell or transfer it without your spouse's consent.

✅Married Out of Community of Property (with accrual)?
During the marriage, each spouse manages their own estate, and consent is generally not required where the property is registered in that spouse's name. However, the accrual system may become relevant when assets are divided upon divorce or death.

“What if we're getting divorced?”

Many people assume they can immediately sell or transfer property once divorce proceedings have started. This is not always the case. Your marital regime, the ownership of the property, and the terms of your divorce settlement all play an important role in determining what is required before the property can be transferred.

Every situation is different, and obtaining legal advice before signing any sale agreement or transfer documents can save significant time, expense, and unnecessary disputes.

To schedule a consultation, you may contact Clayton at 0680058642 / Mushfiqah at 0767096297. Email: [email protected], Website: www.ismaelcerfonteyn.co.za

I'm married out of community of property without the accrual system. Can I still leave assets to my spouse in my Will?Ab...
20/07/2026

I'm married out of community of property without the accrual system. Can I still leave assets to my spouse in my Will?

Absolutely.

One of the biggest misconceptions we encounter is that a spouse married out of community of property without the accrual system cannot inherit from the other spouse.

The fact that you are married out of community of property without the accrual system does not mean that your spouse cannot inherit from you.

Your antenuptial contract regulates the financial relationship between you and your spouse during the marriage. Your Will is a separate legal document that allows you to decide who should inherit your estate upon your death.

Accordingly, you remain free to bequeath any of your assets to your spouse in your Will, notwithstanding the matrimonial property system applicable to your marriage.

This means that you may choose to leave your home, motor vehicles, investments, business interests, personal belongings or any other assets to your spouse in terms of your Will.

The important thing to remember is that your matrimonial property regime and your estate planning work together - but they are not the same thing. Having a properly drafted antenuptial contract does not replace the need for a valid Will.

If you're unsure whether your current Will aligns with your antenuptial contract and your wishes, it may be time to have both reviewed.

Need assistance with a Will or an antenuptial contract?

To schedule a consultation, you may contact Mushfiqah at 0767096297 / Clayton at 0680058642. Email: [email protected], Website: www.ismaelcerfonteyn.co.za

Can certain assets acquired during the subsistence of my marriage be excluded from the accrual system?The short answer i...
17/07/2026

Can certain assets acquired during the subsistence of my marriage be excluded from the accrual system?

The short answer is yes – it is possible.

Many people believe that if they purchase a property, receive an investment, or start a business during the marriage, they can later decide that it should not form part of the accrual.

Unfortunately, it doesn't work that way.

Generally, assets acquired during the marriage form part of your estate and are taken into account when calculating the accrual at the end of the marriage.

However, South African law does allow certain assets to be excluded from the accrual system.

For example, an asset acquired during the marriage may be excluded if:
✅It is specifically excluded in terms of your antenuptial contract.
✅It is received by way of an inheritance, legacy or donation from a third party
✅It replaces another asset that was already excluded from the accrual system.

Every situation depends on the facts and the applicable legal documents. An incorrect assumption about whether an asset forms part of the accrual could have significant financial consequences upon divorce or the death of a spouse.

If you are unsure whether a particular asset forms part of the accrual, it is always advisable to obtain legal advice before making important financial decisions.

Need advice regarding the accrual system or your antenuptial contract?

To schedule a consultation, you may contact Clayton at 0680058642 / Mushfiqah at 0767096297. Email: [email protected], Website: www.ismaelcerfonteyn.co.za

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