What’s the best way to deal with my Hermanus property in my will?

About the author: Simon Andrew is the founder of Rare Erf, an advisory service for property sellers that helps homeowners in Hermanus and the Overstrand prepare, position and market their properties more strategically before they sell. With almost four decades of experience in marketing, Simon helps sellers think beyond the listing — and make smarter decisions before going to market.

A practical estate-planning guide for property owners

Owning property in Hermanus or the Overstrand is often the result of years of work, saving and careful decision-making.

It may be your home, your retirement plan, your family gathering place, your holiday house, your investment property, your farm, your smallholding, or your most valuable asset.

But what happens to that property if you die?

It is not a pleasant question. It is, however, one of the most useful questions a property owner can ask.

Because when there is no clear plan, a property can quickly become a source of cost, delay, tax pressure, family conflict and lost value.

A will is part of the answer. But for property owners, it is not the whole answer. You also need to think about who will manage the estate, whether your heirs can afford to keep the property, what taxes or estate costs may arise, whether the property should be sold, and how to avoid a rushed sale at the wrong time.

This guide sets out the questions Hermanus and Overberg property owners should ask now, before their families are left to work it out later.

Why property needs special attention in estate planning

A house is not like a bank account.

It cannot simply be divided neatly between heirs. It has to be maintained, insured, secured, valued, transferred, rented, sold or occupied. It may have a bond. It may need repairs. It may have tenants. It may be jointly owned. It may sit inside a trust, company or deceased estate. It may also carry a great deal of emotional weight.

This is especially true in Hermanus and the Overberg, where many properties are not standard suburban homes.

The property may be a retirement home in Fernkloof, a holiday house in Voëlklip, a coastal apartment in Onrus, a smallholding in Hemel-en-Aarde, a farm near Stanford, a guest house, a lifestyle property, or land with future development value.

Each of these has different risks and decisions attached to it.

That is why estate planning for property owners should not only ask, “Who inherits?”

It should also ask, “What happens next?”

1. Do you have a valid, up-to-date will?

The first question you need to ask yourself is the simplest, and often the most important.

Do you have a valid will?

If you die without a valid will in South Africa, your estate will be distributed according to the rules of intestate succession. In plain English, the law decides who inherits. That may not match what you assumed, promised, discussed, or intended.

For property owners, this can create serious problems.

A surviving spouse may assume the home will automatically pass to them. Children from a previous marriage may have a claim. A life partner may be left exposed. Siblings may disagree. Heirs may inherit shares in a property, even though only one of them wants to keep it.

Ask yourself:

• Do I have a signed will?

• Does my will clearly say who inherits my property?

• Does it deal with all my properties, not just my main home?

• Has it been updated since I married, divorced, remarried, had children, lost a spouse, bought property, sold property, or moved?

• Does it reflect my current family situation?

• Does my family know where the original will is kept?

If your will is old, vague or missing, your property may become a legal and family puzzle. And puzzles are charming at Christmas, not during a deceased estate.

Why it matters: without a valid will, the estate is distributed under intestate succession rules, which may not match what the owner thought would happen. (Government of South Africa)

2. Who will be your executor, and are they the right person?

Your executor is the person appointed to administer your estate after your death.

That person’s job may include reporting the estate, dealing with the Master of the High Court, collecting information, paying debts, handling tax matters, dealing with heirs, managing estate assets and overseeing the transfer or sale of property.

It is not a small favour. It is a serious administrative role.

Many people nominate a spouse, adult child, friend or family member without asking whether that person has the time, skill or emotional strength to do the job. Others appoint a professional executor, such as an attorney, trust company or fiduciary specialist.

Ask yourself:

• Who have I nominated as executor?

• Do they know they have been nominated?

• Are they capable of dealing with property, tax, family expectations and paperwork?

• Should I appoint a professional executor?

• Have I discussed executor fees?

• Can those fees be negotiated in advance?

• Will my executor know which attorney, conveyancer, accountant, estate agent and property adviser to contact?

Executor fees can be material, especially when high-value property is involved. This is another reason to think about the appointment before death, rather than leaving your family to discover the cost later.

The Master of the High Court’s FAQ states that executor remuneration may be 3.5% on the gross value of estate assets and 6% on income accrued and collected after death, plus VAT where applicable (Justice). This makes executor choice and fee negotiation well worth addressing before death.

3. How is your property actually owned?

Before your family can make good decisions, they need to know what they are dealing with.

Property ownership is not always as simple as “this is my house.”

The property may be registered in your personal name, jointly with your spouse, in a trust, in a company, in a close corporation, or in some other structure. There may be a bond over the property. There may be co-owners. There may be a usufruct, right of occupation, servitude or long-term lease.

Each of these can affect what happens after death.

Ask yourself:

• Is the property registered in my name?

• Is it jointly owned?

• Is it held in a trust or company?

• Is there a bond?

• Where is the title deed or bond information?

• Are there servitudes, leases, rights of way or occupation rights?

• Are the building plans in order?

• Are there known compliance issues?

• Are there improvements that are not properly documented?

• Do my heirs know the true legal position?

The above details are particularly important for farms, smallholdings, guest properties and older homes in the Overberg. These properties often carry extra layers: water, access, staff, zoning, environmental issues, heritage concerns, income use, outbuildings or informal improvements.

4. Should the property be kept, sold, or rented?

This is one of the biggest decisions your heirs may face.

You may think of the property as a family legacy. Your children may think of it as a cost. One heir may want to keep it. Another may want cash. A surviving spouse may want to stay. Adult children may live overseas. A property that looks like a blessing on paper can become a burden if nobody has the money or appetite to maintain it.

Ask yourself:

• Would my heirs want to keep this property?

• Could they afford to keep it?

• Would they agree on what to do?

• Is the property suitable for rental?

• Would it need to be sold to pay estate costs?

• Would a rushed sale reduce the price?

• Should I leave written guidance about whether I prefer the property to be held, sold or discussed?

This is where many families lose value.

A property sold under pressure is often not sold well. It may be listed before it is ready. The wrong agent may be chosen. The price may be set emotionally. The property may not be presented properly. The family may accept the first reasonable offer simply to end the stress.

Good planning cannot remove grief, but it can remove avoidable chaos.

5. Will there be enough cash in the estate?

Property-rich and cash-poor is a common problem.

A person may own a valuable home, but have too little liquidity in the estate to cover costs, taxes, fees, bond repayments, rates, insurance, maintenance and professional advice.

That can force a sale when the family would rather hold the property. Worse, it can force a rushed sale and this can have a negative impact on price.

Ask yourself:

• Will my estate have enough cash to pay immediate costs?

• Are there life policies, savings or investments available?

• Will the bond need to be settled?

• Will rates, levies, insurance and maintenance continue to be paid?

• Could my spouse afford to stay in the home?

• Would my heirs need to contribute money while the estate is being wound up?

• Could the property have to be sold simply to create cash?

If the answer is unclear, speak to a qualified estate planner, attorney or financial adviser. Liquidity planning is not glamorous, but neither is phoning three siblings to ask who is paying the rates bill.

6. What tax issues should be considered?

Tax should not be guessed.

Depending on the estate, there may be estate duty, capital gains tax, income tax, donations tax history, trust issues, cross-border tax matters, or tax clearance steps.

For property owners, capital gains tax deserves special attention. The gain on a property may depend on the original purchase price, improvements, costs, use of the property, whether it was a primary residence, and what happens after death.

Ask yourself:

• Could capital gains tax apply?

• Was the property my primary residence?

• Do I have records of the original purchase price?

• Do I have invoices for improvements and renovations?

• Have I kept records of transfer costs, agent commissions, legal fees and major upgrades?

• Could estate duty apply?

• Are all my tax returns up to date?

• Do I own foreign assets?

• Are any heirs living outside South Africa?

The practical point is simple: keep records. Your future executor should not have to reconstruct a property history from fading invoices, memory fragments and a shoebox of mystery receipts.

Estate duty is levied by SARS at 20% on the first R30 million of dutiable estate value and 25% above R30 million. (South African Revenue Service) SARS also confirms that CGT rules may apply in deceased estates, with specific exclusions and rollover relief in certain cases, including where property is inherited by a surviving spouse. (South African Revenue Service). For 2026, SARS lists a R3 million primary residence exclusion for CGT purposes. (South African Revenue Service).

7. Who will protect and maintain the property after death?

A property’s maintenance needs do not pause politely while an estate is being wound up.

The garden grows. The roof leaks. The pool turns green. The alarm battery dies. A tenant calls. A pipe bursts. The municipality sends accounts. The insurance policy needs attention. If the home is vacant, security becomes a real concern.

Ask yourself:

• Who has keys and alarm codes?

• Who will check the property regularly?

• Who will pay insurance, rates, levies, water and electricity?

• Who will manage gardeners, cleaners, security or maintenance contractors?

• Who will deal with tenants or guests?

• Who will stop unauthorised use by family members or friends?

• Who will handle storm damage, leaks, pool issues or security concerns?

For coastal homes, holiday homes, farms and lifestyle properties, this matters even more. The property may need active care from day one.

A simple property instruction file can save your family a great deal of stress.

8. What happens if the property must be sold from the deceased estate?

Sometimes the best or only option is to sell the property.

That sale may be needed to pay estate costs, divide value between heirs, settle a bond, or avoid ongoing expenses. But selling from a deceased estate is not always as straightforward as an ordinary sale.

The executor or authorised representative must have the legal authority to act. The estate process may affect timing. Heirs may need to agree. The conveyancer will need the correct estate documents. Buyers may need to understand that transfer could take longer than usual.

Ask yourself:

• If the property had to be sold, who would advise my family?

• Which estate agent or property adviser would understand the property?

• Which conveyancer should be contacted?

• Should the property be valued before listing?

• Would repairs or preparation be needed before sale?

• Would my family know the right buyer profile?

• Would they understand whether to sell quickly or wait?

In high-value areas such as Hermanus, Voëlklip, Fernkloof, Onrus, Sandbaai, Hemel-en-Aarde, Stanford and surrounding Overberg towns, market positioning matters.

The difference between a rushed listing and a well-prepared sale can be hundreds of thousands of rand. In some cases, more.How should the property be valued before listing?

A property in a deceased estate generally cannot be transferred or sold in the ordinary way until the Master has issued the necessary authority to the executor or representative. (Cape Town Lawyer) The Master’s office also lists Letters of Authority and Letters of Executorship as documents that must be obtained from the Office of the Master. (Justice)

9. Are there family dynamics that need to be addressed now?

Many estate problems are not legal problems at first. They are family problems that later become legal problems.

One child lives nearby and has been caring for the parent. Another lives abroad. One heir wants to keep the house. Another wants their share in cash. A new spouse and adult children from a previous marriage may have different expectations. A family member may already be living in the property.

These are not small issues.

Ask yourself:

• Have I discussed my wishes with the right people?

• Could any heir be surprised by my will?

• Is anyone expecting to live in the property?

• Is anyone expecting to inherit it?

• Are there children from different relationships?

• Are there promises I have made informally?

• Should those wishes be documented properly?

A clear will is important. Clear conversations can also help, provided they are handled with care and backed by proper legal documents.

10. Are there international or non-resident issues?

Hermanus and the Overberg attract property owners with international lives.

Some owners live abroad. Some have children overseas. Some have foreign assets. Some are South African residents with offshore investments. Others are foreign residents who own property in South Africa.

That can complicate an estate.

Ask yourself:

• Am I tax resident in South Africa?

• Do I own assets in more than one country?

• Do I need more than one will?

• Are my heirs living overseas?

• Will documents need to be signed abroad?

• Could exchange control rules apply?

• Will the executor need specialist cross-border advice?

If there is any international element, get advice early. Cross-border estate issues are not the place for optimistic guessing.

11. What should be in your property death file?

One of the most useful things a property owner can do is prepare a simple property file for the executor and family.

This does not replace a will. It supports the practical administration of the property.

Your file could include:

• The location of your original will

• ID document copies

• Marriage certificate, antenuptial contract or divorce order

• Title deed or bond details

• Municipal account details

• Insurance details

• Bond statements

• Rates, levies and utility account information

• Alarm codes, access instructions and key locations

• Lease agreements

• Staff or contractor details

• Building plans

• Compliance certificates, where available

• Renovation invoices and improvement records

• Tax records linked to the property

• List of trusted professionals

• Notes on whether the property should be sold, kept or discussed

• Details of preferred attorney, conveyancer, accountant and property adviser

• Keep this file somewhere safe, and tell the right person where it is.

The aim is not to control everything from beyond the grave. The aim is to stop your family from having to solve a property admin murder mystery while grieving.

12. Who should be on your professional team?

For property owners, estate planning should usually involve more than one adviser.

You may need an attorney or fiduciary specialist for the will and estate structure. You may need a tax practitioner for SARS issues. You may need a conveyancer for property transfer. You may need a financial planner for liquidity. And if the property may be sold, you need someone who understands the local property market and how to protect value.

Ask yourself:

• Who is my estate attorney?

• Who is my executor?

• Who is my tax adviser?

• Who is my conveyancer?

• Who understands my local property market?

• Who can advise my family on whether to sell, rent, hold or prepare the property?

• Who will be firmly on the seller’s side if a sale becomes necessary?

The legal process determines who may act.

The property strategy determines whether your family protects value or loses it through poor timing, poor preparation or poor advice.

Final thought: plan while the choices are still yours

Nobody enjoys planning for death.

But if you own property in Hermanus or the Overberg, failing to plan can leave your family with cost, confusion and conflict at precisely the wrong time.

The right question is not only, “Who gets the property?”

The better question is:

“If I die, will my family know exactly what to do with this property, who to call, what it is worth, what it costs, what risks it carries, and whether it should be kept or sold?”

If the answer is no, it may be time to put a plan in place.

Speak to a qualified attorney, conveyancer, executor and tax adviser for legal and tax advice. And if you want to think through the property side of the decision, including market value, timing, preparation and sale strategy, get specialist local property input before your family is forced to make decisions under pressure.

Your property should be an asset to the people you leave behind.

Not a problem with a sea view.

Frequently asked questions

What happens to my house in South Africa when I die?

Your property forms part of your deceased estate. The estate must be reported to the Master of the High Court, and an executor or authorised representative will deal with the estate according to your will or, if there is no valid will, according to intestate succession law.

What happens if I die without a will in South Africa?

If you die without a valid will, your estate is distributed according to the Intestate Succession Act. This may not reflect your personal wishes or what your family expected.

Can my family sell my Hermanus property immediately after I die?

Not usually in the same way they could if you were alive. The executor or authorised representative must have the legal authority to act on behalf of the estate. The conveyancer will also need the correct estate documents before transfer can proceed.

Should I appoint a conveyancer before I die?

You do not appoint a conveyancer “for death” in the same way you nominate an executor, but you can record which conveyancer or attorney you trust. This can help your executor and family if the property needs to be transferred or sold.

What costs can affect a deceased estate with property?

Possible costs include executor fees, bond settlement, rates, levies, insurance, maintenance, tax, estate duty, conveyancing costs, valuation costs, repairs and professional fees.

Should my heirs keep or sell my property?

That depends on affordability, family agreement, tax, liquidity, market conditions and the nature of the property. A valuable property can become a burden if heirs cannot agree or cannot pay the ongoing costs.

Why is estate planning different for Hermanus and Overberg property owners?

Many local properties have lifestyle, retirement, holiday, farming, guest-house, conservation or high-value investment aspects. These can affect maintenance, sale timing, buyer demand, tax, transfer and family decision-making.

Need to think through what would happen to your property if you died?

Rare Erf helps property owners look at the property side of estate planning: market value, sale timing, buyer fit, preparation, local positioning and whether a future sale could be handled in a way that protects value.

Speak to your attorney, conveyancer and tax adviser for legal and tax advice. Speak to Rare Erf if you want a clear property strategy before your family is forced to make decisions under pressure.