Understanding property inheritance: essential insights for heirs

IF YOU plan to bequeath immovable property in your Will, be mindful that the process can be complicated.

- SHERRY TAPFUMA

As the owner of immovable property, it must transfer to another person upon your death, either through intestate succession or as stipulated in your Will. If you nominate an heir in your Will, your appointed executor will oversee transferring the property to the bene-ficiary's name. However, your marital regime may restrict your freedom to distribute immovable property, making it crucial to fully comprehend how your marital contract influences your property rights.

For instance, if you are married in a community of property, only 50% of the joint estate is yours to bequeath. This means that your surviving spouse will remain a one-half share owner of the fixed property. If you are married out of the community of property with the accrual and intend to bequeath your property to a third party, bear in mind that your surviving spouse's claim for their share of the accrual could necessitate the sale of your fixed prop-erty, which could complicate matters.