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Dispatch #104

Build the Bench Before the Game

23 May 2026 · Sipho Mahayi, principal property practitioner

What happens to a house when its owner dies without a will? It does not pass to the family the next morning. It becomes part of a deceased estate and stays there until an executor has been appointed, the estate has been wound up and a transfer has been registered at the deeds office.

That takes time even when everything is in order. When there is no will, the law decides who inherits, and the result may not be what the family assumed. A surviving spouse may find the house shared with the children, some of them adults with their own views about selling. If the property was meant to be a home for one person in particular, nothing protects that intention unless it was written down.

Succession in property works best when it is arranged long before anyone needs it. A current will that names an executor and says clearly who receives the property, title deeds kept somewhere safe, and a family that knows where the bond and the policies are held can turn the handover into paperwork rather than conflict. None of that can be done afterwards, which is exactly why it so often gets left too late.

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