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My wife and I were married in community of property, my wife

Resolved Question:

My wife and I were married in community of property, my wife has passed away and the executors fee of 3.5% has been calculated on the entire estate, should this not be on 50% of the entire estate ?

Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.

Good day.

No. It is calculated on the total estate. There is still only one estate and the remuneration is calculated on the gross value of the estate. Your 50% is a claim against the estate. In other words, it reduces the nett value of the estate, not the gross value.

WCLawyer, Attorney
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