Transfer from Deceased Trust

[Dolby]

Hoping there is someone that can assist :

My father passed away may years back and left a property to myself and my brother, 50:50, until we attain a certain age. I got to the age in 2008 and my brother now in 2015. Property value is R1.2m.

My understanding is that back in 2008 my share was transferred Trust > Dolby - and transfer duty paid back then on the R600,000. So I'm done with transfer! My brother is only going through his final transfer now and for various reasons, he's giving me his 50% share.

In other words, will be transferred Trust > brother > Dolby and ultimately I'll have 100% sure.

BUT the transfer of his half is R600,000 and should attract no transfer, right? Attorney argument is that I didn't pay transfer in 2009, so the transfer now is on the full R1.2m and divided. Does this sound right?

Sorry if makes little sense.

 

[Pitbull]

Hoping there is someone that can assist :

My father passed away may years back and left a property to myself and my brother, 50:50, until we attain a certain age. I got to the age in 2008 and my brother now in 2015. Property value is R1.2m.

My understanding is that back in 2008 my share was transferred Trust > Dolby - and transfer duty paid back then on the R600,000. So I'm done with transfer! My brother is only going through his final transfer now and for various reasons, he's giving me his 50% share.

In other words, will be transferred Trust > brother > Dolby and ultimately I'll have 100% sure.

BUT the transfer of his half is R600,000 and should attract no transfer, right? Attorney argument is that I didn't pay transfer in 2009, so the transfer now is on the full R1.2m and divided. Does this sound right?

Sorry if makes little sense.

I might be wrong, but since you and your brother at that stage had title rights, they could not transfer 50% of the bond to your name and 50% remain in the bond. They would have to wait for both to be of age and to one transfer since it's one property.

 

[Dolby]

My understanding is that back in 2008 my share was transferred Trust > Dolby - and transfer duty paid back then on the R600,000.

If I pulled up a report on owners in 2007, it stated Trust : Trust - and in 2008 it says Dolby : Trust - so a transfer was done back then. for sure. I'm also pretty sure I'd have paid transfer fees as it was a transfer ... ?

They're saying I didn't - so the transfer now is on the full R1.2m value (full property), but surely they couldn't have even transferred to my name if I hadn't paid anything back then?

If I had paid, the transfer now should be on half which is under the transfer threshold