• An Estate is a legal term for the combined assets, property and finances of an individual at any point in time, alive or dead. In this context we are referring to the assets of someone who has passed on. We refer to that person as the deceased.

A number of actions take place after someone has died, one of those is that the family gathers to decide how to deal with the debts/liabilities and assets of the deceased person. These are decisions that address the question of who gets what. If any person approaches you to offer to sell to you a property that is still registered in the names of a deceased person, you need to ask them some very important questions before making a final decision to enter into any agreement with them.

 1.    Find out if the Deceased had a Last Will and Testament.

If the deceased person had a Will then you need to see the Final Liquidation and Distribution Account. This is a document detailing who inherited which asset. It helps you be aware if the person selling you the property has inherited it the proper way. This way you avoid having other beneficiaries claiming a share in the property at a later stage.

2. If the Deceased did not have a Will then Customary Law usually applies and as a potential buyer, the seller needs to show you the following documents;

• A signed family resolution stating that the seller is the nominated beneficiary of the property of the Deceased, the plot number must be stated. There must be at least 3 witness signatories must provide copies of Omang or Passport.
• A confirmation letter from the Chief in the locality where the deceased used to live. The letter should confirm the nominated beneficiary and the plot number of the property inherited.
• If the beneficiary has siblings or other potential beneficiaries. All the siblings or beneficiaries should write affidavits renouncing any claim to that property and you should have copies their identity documents (certified copies of Omang or Passport) on your records.
• See the Original Title Deed. The absence of an original title deed could mean the property has a mortgage bond and it may be held at the bank as security for a loan.
•  Conduct a site visit to satisfy yourself that it is what you want and if the property has tenants, ensure that the Seller makes arrangements to introduce you as the new owner before you make a final payment or have the Seller put them on notice (eviction) before you finalize the transaction
• 3. Once you have all these documents, it becomes less difficult to transfer the property.

4.    Make it a habit to pay in two (2) installments if all the paperwork has not been compiled. It is important to ensure that your final payment leaves you with all the documents that you need to secure the Title.

5.    Have your attorney (Conveyancer) check your paperwork before you pay the final amount.

6.    Do not succumb to the pressure of paying the full purchase price until you are satisfied that your transfer papers are in order.

A number of actions take place after someone has died, one of those is that the family gathers to decide how to deal with the debts/liabilities and assets of the deceased person. These are decisions that address the question of who gets what. If any person approaches you to offer to sell to you a property that is still registered in the names of a deceased person, you need to ask them some very important questions before making a final decision to enter into any agreement with them.

1.    Find out if the Deceased had a Last Will and Testament.

If the deceased person had a Will then you need to see the Final Liquidation and Distribution Account. This is a document detailing who inherited which asset. It helps you be aware if the person selling you the property has inherited it the proper way. This way you avoid having other beneficiaries claiming a share in the property at a later stage.

2.    If the Deceased did not have a Will then Customary Law usually applies and as a potential buyer, the seller needs to show you the following documents;

v     A signed family resolution stating that the seller is the nominated beneficiary of the property of the Deceased, the plot number must be stated. There must be at least 3 witness signatories must provide copies of Omang or Passport.

v  If the beneficiary has siblings or other potential beneficiaries. All the siblings or beneficiaries should write affidavits renouncing any claim to that property and you should have copies their identity documents (certified copies of Omang or Passport) on your records.

v  See the Original Title Deed. The absence of an original title deed could mean the property has a mortgage bond and it may be held at the bank as security for a loan.

v  Conduct a site visit to satisfy yourself that it is what you want and if the property has tenants, ensure that the Seller makes arrangements to introduce you as the new owner before you make a final payment or have the Seller put them on notice (eviction) before you finalize the transaction.

3.    Once you have all these documents, it is becomes less difficult to transfer the property.

4.    Make it a habit to pay in two (2) installments if all the paperwork has not been compiled. It is important to ensure that your final payment leaves you with all the documents that you need to secure the Title.

5.    Have your attorney (Conveyancer) check your paperwork before you pay the final amount.

6.    Do not succumb to the pressure of paying the full purchase price until you are satisfied that your transfer papers are in order.