Securing a home for a spouse after your death

01 September 2021 ,  Gerda Janse van Rensburg 772

 

Dad dies and leaves his property to his children, subject to his wife having the right to stay in the property until date of her death.  This is called a testamentary usufruct and is used where a testator wishes to give ownership in a certain property to certain heirs and at the same time give another person the right to stay there.

The property is then registered in the names of the heirs subject to the rights of the usufructuary.

The beneficiary would enjoy the right to live in the property or to move out and let it out and get the rent for her own pocket. 

But who is responsible for property expenses? 

The usufructuary must look after the property to the best of her ability and make repairs.  The owners are responsible to insure the property while the usufructuary must pay all rates and other municipal levies as well as municipality bills.

Ensure that your will is properly drafted and makes provision for these special conditions in your will.

 

 

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