Welcome to Lake Properties PROPERTY CAPE TOWN Lake Properties is a young and dynamic real estate ag

- Lake Properties
- Cape Town, Western Cape, South Africa
- Lake Properties, Cape Town is a young and dynamic real estate agency located in Wynberg, Cape Town. We offer efficient and reliable service in the buying and selling of residential and commercial properties and vacant land in the Southern Suburbs including Bergvliet,Athlone,Claremont,Constantia,Diepriver,Heathfield,Kenilworth,Kenwyn,Kreupelbosch, Meadowridge,Mowbray,Newlands,Obervatory,Pinelands,Plumstead,Rondebosch, Rosebank, Tokia,Rondebosch East, Penlyn Estate, Lansdowne, Wynberg, Grassy Park, Steenberg, Retreat and surrounding areas . We also manage rental properties and secure suitably qualified tenants for property owners. Another growing extension to our portfolio of services is to find qualified buyers for business owners who want to sell businesses especially cafes, supermarkets and service stations. At Lake Properties we value our relationships with clients and aim to provide excellent service with integrity and professionalism, always acting in the best interest of both buyer and seller. Our rates are competitive without compromising quality and service. For our clients we do valuations at no charge
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Inheritance Laws for Spouses in South Africa
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Inheritance Laws for Spouses in South Africa
South Africa follows two types of succession:
- Testate Succession (when there is a valid will)
- Intestate Succession (when there is no will)
Inheritance rights depend on the existence of a will, the type of marriage, and the presence of children or other heirs.
1. If There Is a Will (Testate Succession)
If the deceased left a valid will, their estate is distributed according to the terms of that will.
Rights of a Spouse Under a Will:
- The will may allocate a portion or the entire estate to the spouse.
- A surviving spouse does not have an automatic claim unless specified in the will.
- If the spouse was financially dependent on the deceased, they may have a claim under the Maintenance of Surviving Spouses Act (Act 27 of 1990). This ensures that a surviving spouse can apply for reasonable maintenance from the estate if they are not adequately provided for.
- If the will is disputed (e.g., suspected undue influence, fraud, or incapacity of the testator), a spouse may challenge it in court.
2. If There Is No Will (Intestate Succession Act, 1987)
When a person dies without a will, the Intestate Succession Act, 1987 determines how their estate is distributed. The spouse is the primary heir, but their share depends on whether there are children.
Spouse’s Share Under Intestate Succession:
- If there are no children, the spouse inherits everything.
- If there are children, the spouse receives either R250,000 or a child’s share, whichever is greater.
- A child’s share is calculated by dividing the estate equally among the spouse and all children.
- Example: If the estate is R1.2 million and the deceased left a spouse and three children, the estate is divided into four equal shares (one for the spouse and three for the children). If each share is more than R250,000, the spouse receives that share. Otherwise, the spouse gets R250,000, and the rest is divided among the children.
- If there are no children, parents, or siblings, the spouse inherits everything.
3. How Marriage Type Affects Inheritance
South African law recognizes different marriage regimes, which influence inheritance rights:
(a) Marriage in Community of Property
- The spouses jointly own all assets and debts in the marriage.
- When one spouse dies, the surviving spouse automatically owns 50% of the joint estate.
- The remaining 50% is distributed according to the will or intestate succession if there is no will.
(b) Marriage Out of Community of Property (With Accrual System)
- Each spouse has a separate estate, but the spouse with lower estate growth has a claim for a portion of the difference between their estates upon death.
- The surviving spouse may inherit more based on the will or intestate succession.
(c) Marriage Out of Community of Property (Without Accrual System)
- Each spouse has a completely separate estate.
- The surviving spouse only inherits what is specified in the will or what they are entitled to under intestate succession.
4. Customary Marriages and Inheritance
Customary marriages are legally recognized under the Recognition of Customary Marriages Act, 1998. The same inheritance laws apply, but with a few special rules:
- If a man was in a polygamous customary marriage, the estate is divided among all wives and children equitably under intestate succession.
- The court may intervene to ensure a fair distribution among multiple wives.
5. Protection for Surviving Spouses
South African law provides additional protection for surviving spouses:
(a) Maintenance of Surviving Spouses Act (1990)
- If a surviving spouse is left with insufficient financial resources, they can apply for maintenance from the deceased’s estate.
- This applies even if they were left out of the will.
(b) Housing Rights Under the Intestate Succession Act
- If the marital home was owned by the deceased, the surviving spouse can apply to live there for a period determined by the court.
6. What Happens If a Spouse Remarries?
- If a surviving spouse inherits assets, they keep them even if they remarry.
- However, maintenance from the estate may be terminated upon remarriage.
Example Scenarios
Scenario 1: Husband Dies Without a Will, Leaving a Wife and Two Children
- The estate is worth R900,000.
- The spouse’s guaranteed minimum is R250,000.
- A child’s share is calculated as R900,000 ÷ 3 = R300,000.
- Since the child’s share is greater than R250,000, the spouse gets R300,000, and each child gets R300,000.
Scenario 2: Wife Dies, Leaving a Will That Excludes Her Husband
- The husband can still apply for maintenance if he was financially dependent on her.
- If they were married in community of property, he automatically owns 50% of the joint estate.
Key Takeaways
- With a will: The spouse inherits based on the terms of the will, but may claim maintenance if left with no support.
- Without a will: The spouse inherits everything if there are no children; otherwise, they get R250,000 or a child’s share, whichever is greater.
- Marriage regime matters:
- Community of property: Spouse owns 50% automatically.
- Out of community with accrual: Spouse may claim part of the estate.
- Out of community without accrual: Spouse only inherits what is legally allocated.
- Customary marriages are legally recognized, with special considerations for polygamous marriages.

Fraudulent sellers, fake property listings, or dishonest agents can trick buyers into losing money in South Africa
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Yes, real estate fraud is a serious issue. Fraudulent sellers, fake property listings, and dishonest agents can deceive buyers, leading to financial loss and legal troubles. Here are some common scams to watch out for:
Common Real Estate Scams
- Fake Listings – Scammers post listings for properties they don’t own, tricking buyers into paying deposits or upfront fees.
- Title Fraud – Criminals forge documents to transfer property ownership and take loans against it.
- Bait-and-Switch – A seller advertises a property at an attractive price but pushes buyers toward a different, often overpriced, property.
- Rental Scams – Fake landlords collect security deposits or rent for properties they don’t own.
- Phishing & Wire Fraud – Fraudsters impersonate real estate agents or escrow companies to steal wire transfers.
- Unlicensed Agents – Individuals posing as real estate professionals take money for non-existent services or fake deals.
- Foreclosure & Loan Modification Scams – Scammers promise to help struggling homeowners but instead take their money or property.
How to Protect Yourself
✔ Verify Listings & Sellers – Check property ownership records.
✔ Use Licensed Agents – Confirm credentials with local real estate boards.
✔ Avoid Upfront Payments – Be cautious of deposits before due diligence.
✔ Inspect the Property – Visit in person and consult professionals.
✔ Secure Transactions – Always use verified escrow services and double-check payment instructions.
✔ Legal Assistance – Consult a real estate attorney before signing contracts.

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SSSSought After Suburb - The Perfect Renovator in Grassy Park


DDDDream location, packed with potential, house with extra big plot for sale in Greenhaven
- SOLID HOUSE ON AN EXTRA BIG PLOT
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Prestigious Family Home on Perfect Location for sale in RONDEBOSCH EAST opposite Lawson Road Park
BURWOOD ROAD
LAWSON ROAD PARK
LAWSON ROAD PARK
LAWSON ROAD PARK
3 x large spacious bedrooms
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wooden floors
single garage
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R2950 000
call 0836247129
http://www.lakeproperties.co.za
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INVESTMENT OPPORTUNITY TO GOOD TO BE TRUE FOR SALE IN SURREY ESTATE
bedroom
bedroom 2
separate entrance 2
bedroom 2
kitchen
tv room
3 BEDROOM HOUSE FOR SALE IN SURREY ESTATE, WITH 2 SEPARATE ENTRANCES
1) MAIN HOUSE
3 x large bedrooms
large lounge
large tv room
large fully fitted kitchen
main en-suite
family bathroom and toilet
walk-in-closet
tiled and laminated floors
built-in-cupboards
laundry
2) SEPARATE ENTRANCE 1
2 x large bedrooms
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3) SEPARATE ENTRANCE 2
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R1899 000
http://www.lakeproperties.co.za
info@lakeproperties.co.za
call 0836247129

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