Her parents owned a property and when her father passed away it was never transferred to her mother, the legal heir. She apparently could not afford the transfer fees.

Even though it was not formally transferred into her name, the reader’s elderly mother has now drafted a will in which she nominates the person that will next inherit the property.

The reader wants to know how the “transaction” will be affected.

Lucille Geldenhuys

Geldenhuys says if an executor is not nominated in the will, the Master will appoint one from those nominated by heirs and family.

“It is the executor’s task to make sure that the wishes expressed in the deceased’s will are exercised, that liabilities are settled and that assets are transferred to the heirs. To this end, one of the main tasks of the executor is to produce a Liquidation and Distribution Account, which sets out how the estate has been distributed.”

At various points in this process the executor has to report to the Master – firstly by lodging the above account and, once the process has been finalised, by providing proof of liabilities paid and assets transferred to heirs, according to Geldenhuys.

“If there is fixed property in the estate, proof that it has been transferred to the relevant heir must also be provided.”

Schalk van der Merwe - Rawson Properties

Schalk van der Merwe from Rawson Properties Helderberg says the Deeds Registries Act of 1937 provides in Section 14 that “transfers of land . . . shall follow the sequence of the successive transactions in pursuance of which they are made . . .”

“Therefore, in the event of the mother’s death, the property will first have to be transferred to her estate before it can be transferred to the new beneficiary. Similarly, if you buy a property and sell it before the transfer has been registered, the transfer into your name has to be finalised before the transfer to the next purchaser can take place.”

Van der Merwe says certain fees are payable to effect the transfer from the estate, although it is important to remember that no transfer duty is payable in a deceased estate. “Transfer duty is the tax portion relating to the value of the property and is payable to SARS.”

The attorney doing the transfer from the estate to the new owner will be entitled to charge a predetermined fee, according to Van der Merwe.

Thousands of revellers are expected to attend the spectacular, costumed event which kicks off at 18:00 with a free music concert on Greenmarket Square. This will be followed at 20:00 by a 2 500-strong parade up Long Street, starting from Shortmarket Street and proceeding to Buitensingel.

At the German church, opposite the Long Street baths, the procession will turn right into Buitensingel, right into Loop Street, and then left back into Long Street towards Greenmarket Square. Festivities are expected to continue until midnight.

“Before, during and after the carnival, all businesses in Long Street will be able to continue trading as usual. Pedestrians will have full access to the area at all times, but vehicular movement may be restricted at certain times. Deliveries will not be permitted between 20:00 and 22:00,” says Chief Inspector Merle Lourens of Cape Town Traffic Services.

Most road closures will take effect from 05:00 until midnight on Saturday 20 March. To allow for the construction of the stages at Greenmarket Square, only pedestrians and accredited vehicles will be able to access Burg Street between Wale Street and Greenmarket Square.

The Long Street area between Strand Street and Buitensingel will be subjected to special traffic arrangements from 05:00 until midnight.

Between 13:00 and 16:00, no parking will be allowed in Long Street from Hout to Wale Streets. Long Street between Wale and Buitensingel is a no parking zone between 05:00 and 24:00. From 16:00 to midnight, Long Street will be closed completely to vehicular traffic from Strand to Wale Streets. The area between Wale and Buitensingel will be closed from 17:00 to midnight.

In addition, on-street stopping or parking will not be permitted on Long Street from Buitensingel to Wale Street for the whole of Saturday.

Other road closures from Loop to Long Streets include Bloem, Buiten, Pepper, Leeuwen, Dorp, Church and Longmarket Streets. These closures will be implemented from 05:00 to midnight on 20 March. During the same period there will be no access to Keerom Street from Queen Victoria Street.

During the parade from 20:00 to 22:00, there will be a stop/go traffic system in Buitensingel and Shortmarket streets.

“We apologise for any inconvenience caused by these street closures and wish to thank all Capetonians in advance for their co-operation. To minimise traffic disruptions, Cape Town Traffic Services will be on duty to redirect motorists and pedestrians. There will also be sufficient signage advising of alternative routes,” says Chief Inspector Lourens.

For more information on the road closures, please contact the event organisers, Out the Box Productions on 078 626 4454.

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