I am married in community of property. Do the assets of the surviving spouse also form part of the deceased estate?

Last Updated On January 06, 2020

Yes. Where spouses are married in community of property, there is only one joint estate containing all the assets and liabilities of the spouses. Where one of spouses therefore passes away, all the assets and liabilities will form part of the deceased estate and will have to be dealt with as part of the winding-up of the estate.

One of the advantages of a marriage out of community of property is the fact that this consequence is avoided.

A major concern of spouses married in community of property is often the availability of funds to the surviving spouse after the death of one of them. This problem can, however, be avoided with proper planning.

Volker Krüger

U kan ‘n testamentinstruksievel hier voltoi: Testament Instruksievel / Will Instruction Sheet