After 10 years of successful private practice, Refqah merged her firm with STBB in 2008. Based at STBB's Claremont branch, Refqah specialises in all aspects of property law, administration of deceased estates, estate planning, wills and Islamic wills. These areas of expertise have led Refqah to be appointed as the national head of STBB's Estates, Wills and Trusts department. She is a trustee of the Women’s Property Network (WPN) Educational Trust and former chairperson of the SAPOA Western Cape Council. Refqah is married to design architect Imraan Ho-Yee. They live in the southern suburbs with their two sons and Imraan's older son and daughter.

Thought of the week | ESTATE LIABILITIES TO CONSIDER IN YOUR WILL

Have you provided for these administration and related costs payable by your estate?

  1. The standard tariff executor fee is 3.5% plus VAT calculated on gross assets (this value excludes all investments / policies with named beneficiaries).
  2. The Master’s fee charged per estate: R 600 – R 7,000, depending on the value of the estate.
  3. Four estate advertisements need to be placed in the Government Gazette and local newspaper, totaling about R 1,600.
  4. A bond of security if your will has not exempted the executor from providing same.
  5. The transfer costs to transfer any immovable properties left to your heirs (no transfer duty is payable to SARS on inheritance transfers, but will be subject to transfer costs).
  6. Bond cancellation costs (or substitution of debtor costs where the heir will assume liability for the bond on the property).
  7. Accounting fees to submit all tax returns to date of death and manage any post death taxes, and to obtain relevant income tax and VAT clearance certificates.
  8. Any outstanding taxes payable to SARS.
  9. Accounting and / or legal fees to manage and attend to any transfer of shares and other business interests.
  10. Any accrual claim by your surviving spouse.
  11. Costs to transfer motor vehicles to heirs (including any roadworthy inspections).
  12. Estate duty payable to SARS. Be reminded that while the values of your investments are excluded from the estate value in calculating the 3.5% executor’s fee where there are named beneficiaries, most investments are deemed assets for calculation of estate duty.
  13. Capital Gains Tax – payable on transfer of any secondary properties and other assets attracting Capital Gains Tax.

These costs and others are applicable whether you leave a testate or intestate estate. Contact us at estates@stbb.co.za for advice and assistance in drafting your will.